Sec. 10.5. (a) This section applies only to a health care provider or former health care provider who is or was responsible for maintaining or possessing the health records that have been abandoned.
(b) The attorney general may file an action against a health care provider or former health care provider to recover costs incurred by the attorney general in implementing this chapter with respect to health records that have been abandoned by the health care provider or former health care provider.
(c) In an action filed under subsection (b), a court may order the health care provider or former health care provider to reimburse the attorney general's costs if the court finds that the health care provider or former health care provider intentionally or negligently abandoned the health records.
(d) Costs recovered under this section shall be deposited into the health records and personal identifying information protection trust fund established by section 10 of this chapter.
As added by P.L.76-2017, SEC.3.
Structure Indiana Code
Title 4. State Offices and Administration
Chapter 14. Health Records and Identifying Information Protection
4-6-14-2. "Health Care Provider"
4-6-14-3. "Personal Information"
4-6-14-4. "Regulated Professional"
4-6-14-5. Attorney General's Powers
4-6-14-6. Determination of Abandonment
4-6-14-8. Length of Time Health Records Must Be Maintained; Destruction of Records
4-6-14-9. Length of Time Personal Information Records Must Be Maintained; Destruction of Records
4-6-14-10. Health Records and Personal Identifying Information Protection Trust Fund
4-6-14-10.5. Abandoned Health Records; Action to Recover Costs