Introduced Version
HOUSE BILL No. 1043
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 16-18-2-296.5; IC 16-39-2.
Synopsis: Access to mental health records. Defines "psychotherapy
notes" for purposes of the law concerning access to mental health
records. Specifies that psychotherapy notes are the property of only the
provider and must be kept separate from a mental health record.
Specifies a process for a patient to obtain a physician review related to
a determination concerning the patient's access to the patient's mental
health records, excluding psychotherapy notes.
Effective: July 1, 2010.
Messmer, Brown C
January 5, 2010, read first time and referred to Committee on Courts and Criminal Code.
Introduced
Second Regular Session 116th General Assembly (2010)
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HOUSE BILL No. 1043
A BILL FOR AN ACT to amend the Indiana Code concerning
health.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 16-18-2-296.5; (10)IN1043.1.1. -->
SECTION 1. IC 16-18-2-296.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2010]: Sec. 296.5. "Psychotherapy notes" has
the meaning set forth in 45 CFR 164.501.
SOURCE: IC 16-39-2-2; (10)IN1043.1.2. -->
SECTION 2. IC 16-39-2-2, AS AMENDED BY P.L.141-2006,
SECTION 90, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2010]: Sec. 2.
(a) A record for each patient receiving mental
health services shall be maintained by the provider. The mental health
record must contain the information that the division of mental health
and addiction, the division of disability and rehabilitative services, or
the state department requires by rule. The provider is:
(1) the owner of the mental health record;
(2) responsible for the record's safekeeping; and
(3) entitled to retain possession of the record.
The information contained in the mental health record belongs to the
patient involved as well as to the provider. The provider shall maintain
the original mental health record or a microfilm of the mental health
record for at least seven (7) years.
(b) A provider's psychotherapy notes belong only to the
provider, are not part of the mental health record, and must be
maintained separately from the mental health record.
SOURCE: IC 16-39-2-4; (10)IN1043.1.3. -->
SECTION 3. IC 16-39-2-4 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 4.
(a) A patient is
entitled to inspect and copy the patient's own mental health record.
However, if the provider that is responsible for the patient's mental
health records determines for good medical cause, upon the advice of
a physician, that
all or any part of the information requested under
this section is detrimental to the physical or mental health of the
patient, or is likely to cause the patient to harm the patient or another
person, the provider may withhold
all or any part of the information
from the patient. determined to be detrimental or likely to result in
harm. The provider shall allow the patient access to any remainder
of the mental health record that is not determined to be
detrimental or likely to result in harm.
(b) If the provider
withholding information under subsection (a)
is a state institution or agency, the patient may appeal the provider's
refusal to permit the patient to inspect and copy the patient's own
record under IC 4-21.5.
(c) If the provider withholding information under subsection (a)
is not a state institution or agency, the patient may request a
review by a physician who did not participate in the original
decision to withhold the information, is chosen by the provider, and
agrees to perform the review, as follows:
(1) The physician shall submit a written request to the
provider, including all of the following:
(A) A statement that the request is submitted under this
subsection.
(B) The name of the patient.
(C) The name, address, and telephone number of the
physician.
(D) The dates of care to which the requested mental health
records containing the withheld information apply.
(E) A signed and dated statement by the patient
authorizing the provider to release the mental health
records containing the withheld information to the
physician. The authorization, unless otherwise noted, is
valid until the expiration of ninety (90) days after the date
signed.
(2) A provider receiving a request submitted under
subdivision (1) shall, not more than thirty (30) days after
receiving the request, provide a copy of the requested mental
health records containing the withheld information directly to
the physician submitting the request.
(3) Upon receipt of a copy of the mental health records, the
physician shall review the mental health records, perform any
necessary examination of the patient, and make a
determination concerning the patient's request for access to
the withheld information. The provider shall provide or deny
the patient access to the withheld information in accordance
with the determination of the physician. If the physician
determines that:
(A) the information requested is:
(i) not detrimental to the physical or mental health of the
patient; and
(ii) not likely to result in harm by or to the patient or
another person;
the provider shall provide the mental health records
containing the withheld information to the patient; or
(B) only a part of the information requested is:
(i) not detrimental to the physical or mental health of the
patient; and
(ii) not likely to result in harm by or to the patient or
another person;
the provider shall provide only the part of the mental
health records that is determined not detrimental or likely
to result in harm.
(d) Subsection (c) applies only when information is withheld
from a patient under subsection (a) and does not otherwise expand
or limit access to mental health records as provided for under state
or federal law.