Sec. 2. (a) This section applies to an individual who has a primary diagnosis of developmental disability.
(b) Action contemplated by a patient under this section includes action by the patient's parent or guardian if the patient is not competent.
(c) If a patient is admitted to a state institution, the staff of the state institution shall, before the patient is discharged, ask the patient whether the patient's medical and treatment records may be sent to a service coordinator employed by the division of disability and rehabilitative services under IC 12-11-2.1 so the service coordinator may send the records to local agencies serving the needs of individuals with a developmental disability in the area in which the patient will reside.
(d) If a patient agrees to release the records, the patient shall sign a form permitting the state institution to release to a service coordinator employed by the division of disability and rehabilitative services under IC 12-11-2.1 a copy of the patient's medical and treatment records to forward to local agencies serving the needs of individuals with a developmental disability in the area in which the patient will reside. The form must read substantially as follows:
AUTHORIZATION TO RELEASE
MEDICAL AND TREATMENT
RECORDS
I agree to permit ________________________________
(name of state institution)
to release a copy of the medical and treatment records of
__________________
to _________________________
(patient's name)
(name of local agency
serving the needs of
individuals with a developmental disability)
______________
___________________________
(date)
(signature)
___________________________
(address)
__________________
___________________________
(signature of individual
(relationship to patient if
securing release of
signature is not that of the
medical and treatment
patient)
records)
(e) If a patient knowingly signs the form for the release of medical records under subsection (d), a service coordinator employed by the division of disability and rehabilitative services under IC 12-11-2.1 shall allow local agencies serving the needs of individuals with a developmental disability in the area in which the patient will reside to obtain the following:
(1) The patient's name.
(2) The address of the patient's intended residence.
(3) The patient's medical records.
(4) A complete description of the treatment the patient was receiving at the state institution at the time of the patient's discharge.
(f) If the local agency does not obtain a patient's records, the state institution shall deliver the medical records to the local agency before or at the time the patient is discharged.
(g) If a patient does not agree to permit the release of the patient's medical and treatment records, the service coordinator shall deliver:
(1) the patient's name; and
(2) the address of the patient's intended residence;
to local agencies serving the needs of individuals with a developmental disability in the area in which the patient will reside before or at the time the patient is discharged.
[Pre-1992 Revision Citation: 16-14-28-1(b).]
As added by P.L.2-1992, SEC.18. Amended by P.L.4-1993, SEC.200; P.L.5-1993, SEC.213; P.L.24-1997, SEC.55; P.L.272-1999, SEC.45; P.L.141-2006, SEC.65; P.L.99-2007, SEC.117.