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Requirements for Patient’s Written Consent to Insurer to Obtain Records or Medical Information – Ind. Code Ann.§ 16-39-5-2

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An accident and sickness insurance company may obtain health records or medical information about a patient with a written consent executed at the time of receiving an application for insurance or at any other time.  The consent may be used at any time for legitimate accident and sickness insurance purposes.

A written consent to obtain health records or medical information at the time of application by an insurance company other than an accident and sickness insurance company may be used for any legitimate insurance purpose for up to 2 years from the date the contract is issued.  A written consent obtained at any other time may be used for up to 1 year after the date the consent is signed.  A copy of health records or medical information obtained by an insurance company (other than a life insurance company) through a written consent of the patient shall be furnished to the patient by the insurance company upon the written request of the patient.

Insurance company consents need only contain the following:

  • Name of the insured
  • Date the consent is granted
  • Name of the company to which consent is given to receive information
  • General nature of the information that may be secured by use of the consent

An insurance company other than a life insurance company may not obtain the results of any genetic screening or testing without a separate written consent by an individual at the time of application for insurance or at any other time.

Related Laws:

Ind. Code § 16-39-5-1

 


Current as of June 2015