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Current as of January 02, 2024 | Updated by Findlaw Staff
Sec. 3. (a) Health records may be requested by a competent patient if the patient is:
(1) emancipated and less than eighteen (18) years of age; or
(2) at least eighteen (18) years of age.
(b) If a patient is incompetent, the request for health records may be made by the parent, guardian, or custodian of the patient.
(c) Health records of a deceased patient may be requested:
(1) by a coroner under IC 36-2-14-21 or by the personal representative of the patient's estate;
(2) if the estate of the deceased patient does not have a personal representative, by the spouse of the deceased patient;
(3) if the deceased patient does not have a surviving spouse and the deceased patient's estate does not have a personal representative, by:
(A) a child of the deceased patient; or
(B) the parent, guardian, or custodian of the child of the deceased patient if the child of the deceased patient is incompetent;
(4) if the deceased patient was an incapacitated person for whom a guardian had been appointed under IC 29-3 or the law of another state, by the guardian of the deceased patient, except as provided in subsection (d); or
(5) if the deceased patient does not have a surviving spouse or child, and the deceased patient's estate does not have a personal representative, by any responsible member of the family.
(d) If:
(1) the deceased patient was an incapacitated person subject to a guardianship at the time of the patient's death; and
(2) a personal representative of the estate of the deceased patient is appointed under IC 29-1-7;
the guardian of the deceased patient may not request health records of the deceased patient under subsection (c)(4).
Cite this article: FindLaw.com - Indiana Code Title 16. Health § 16-39-1-3 - last updated January 02, 2024 | https://codes.findlaw.com/in/title-16-health/in-code-sect-16-39-1-3/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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