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Ind. Code Ann. § 16-39-2-6 - Disclosure of mental health records without the patient's consent

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This law allows a patient’s mental health records to be disclosed without the patient’s consent, when the disclosure is being made:

  • To employees of the provider or another health care/managed care provider who are involved in the provision or monitoring of health care services
  • To the extent necessary to obtain payment for services
  • To the patient’s court appointed counselor, and to the Indiana protections and advocacy services commission
  • For certain kinds of research being conducted in accordance with Indiana law and rules
  • To the division of mental health and addiction for data collection, research and monitoring of care providers
  • For making reports or giving testimony with respect to admissions, transfers, discharges and guardianship proceedings
  • To a law enforcement agency, but only if one of the following conditions are met:
    • A patient escapes from a mental health facility that s/he was admitted to voluntarily or involuntarily
    • The superintendent of the facility determines that not disclosing information would result in bodily harm to the patient or to another
    • A patient commits or threatens to commit a crime at the facility
    • A patient is in custody of the law enforcement, the information sought is about the patient’s current medication, and the provider determines that the information is necessary to protect health and welfare of the patient
  • To a coroner or medical examiner
  • To satisfy certain reporting requirements
  • To the extent necessary to satisfy the release of information requirements under certain statutes
  • For certain legitimate business purposes
  • Under court order
  • To the US Secret Service under certain specific conditions
  • To the statewide waiver ombudsman

When information is released to the US secret service, if the patient is evaluated to be dangerous, the records shall be interpreted by a licensed mental health professional on the Secret Service staff.  Providers disclosing information to a law enforcement agency or the Secret Service under good faith based on this law are immune from civil and criminal liability

Current as of June 2015