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“Release of Mental Health Records to Patient and Authorized Persons; Release of Mental Health Records in Investigations and Legal Proceedings” - Ind. Code § 16-39-2-6-1—16-39-3-13

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Records and information relating to the mental health of an individual are confidential and privileged to the patient, and may only be disclosed in accordance with the statute.
Disclosure with Consent:
A patient may inspect information relating to their mental health treatment pursuant to 16-39-2-4; but if the provider determines that the requested information would be detrimental to the health of the patient, the provider does not need to the disclose the information. If the provider refuses and is a state institution or agency, the patient may appeal the refusal.
A patient may consent to the disclosure of information relating to their mental health treatment to a third party in writing by including the following:
·         The patient’s name
·         The name of the person meant to disclose the patient’s mental health information
·         The name of the person or organization that is meant to receive the mental health information
·         The purpose of the release
·         A description of the specific information to be disclosed
·         The patient’s signature
·         The date
·         A statement regarding the patient’s right to revoke consent, except if action has already been taken in reliance on the consent
·         Information relating to expiration of consent
Disclosure Without Consent:
Mental health information may be disclosed without a patient’s consent under the following circumstances:
·         To a provider at the same facility
·         To a managed care provider, or another provider involved in the provision of services to the patient
·         As necessary to obtain payment
·         For research purposes, provided that the procedures in 16-39-5-3 are followed.
Disclosure Pursuant to Court Order:
A court may order the disclosure of confidential information after holding a hearing and determining that there are not other reasonable means of obtaining information, and the need for disclosure outweighs the potential harm for the patient.

Current as of June 2015