Sec. 2. (a) Except as provided in IC 16-39-2, IC 16-39-3, IC 16-39-4, and subsection (d), this article does not prohibit an accident and sickness insurance company (as defined in IC 27-8-5-1) from obtaining health records or medical information with a written consent executed at the time of receiving an application for insurance or at any other time. Such consent may be used at any time for legitimate accident and sickness insurance purposes.
(b) A written consent to obtain health records or medical information obtained at the time of application by an insurance company making any of the types of insurance not defined in IC 27-8-5 may be used for any legitimate insurance purposes for up to two (2) years from the date the contract is issued. A written consent obtained at any other time by an insurance company not defined in IC 27-8-5 may be used for up to one (1) year after the date the consent was signed. A copy of all health records or medical information obtained by an insurance company, other than a life insurance company (as defined in IC 27-1-2-3(s)), by means of the written consent of the patient under this subsection shall be furnished to the patient by the insurance company upon the written request of the patient.
(c) Consents obtained by any insurance company need only contain the following:
(1) Name of the insured.
(2) Date the consent is granted.
(3) Name of the company to which consent is given to receive information.
(4) General nature of the information that may be secured by use of the consent.
(d) Except as provided in subsection (e), an insurance company other than a life insurance company (as defined in IC 27-1-2-3(s)) may not obtain the results of any genetic screening or testing (as defined in IC 27-8-26-2) without a separate written consent by an individual at the time of application for insurance or at any other time. The form on which an individual indicates written consent must:
(1) indicate in at least 10 point boldface type that the individual need not consent to releasing the results of any genetic testing or screening; and
(2) be approved by the commissioner before use.
(e) An insurance company other than a life insurance company (as defined in IC 27-1-2-3(s)) is not liable if the insurance company:
(1) inadvertently receives the results of any genetic testing or screening (as defined in IC 27-8-26-2); and
(2) has not obtained a separate written consent as required under subsection (d).
An insurance company that inadvertently receives testing or screening results may not use the genetic testing or screening results in violation of IC 27-8-26.
[Pre-1993 Recodification Citation: 16-4-8-5(b), (c), (d).]
As added by P.L.2-1993, SEC.22. Amended by P.L.1-1994, SEC.89; P.L.150-1997, SEC.1.
Structure Indiana Code
Chapter 5. Release of Health Records to Third Parties and for Legitimate Business Purposes
16-39-5-1. Interprovider Exchange of Records Without Patient's Consent
16-39-5-2. Patient's Written Consent to Insurer to Obtain Records or Medical Information
16-39-5-3. Provider's Use of Records; Confidentiality; Violations