Section 410 IAC 1-2.5-78 - Confidentiality of medical and epidemiological informationAuthority: IC 16-19-3-4; IC 16-41-2-1
Affected: IC 16-18-2; IC 16-41; IC 34-43-1-12; IC 36-2-14-21
Sec. 78.
(a) All information obtained under this rule, whether from patient records or other sources, is confidential as specified by IC 16-41-8-1.(b) Except as provided in subsection (a), a person responsible for recording, reporting, or maintaining information required to be reported under IC 16-41-2 who recklessly, knowingly, or intentionally discloses or fails to protect medical or epidemiological information classified as confidential under this section commits a Class A misdemeanor.(c) In addition to subsection (b), a public employee who violates this section is subject to discharge or other disciplinary action under the personnel rules of the agency that employs the employee.(d) Release shall be made of the medical records concerning an individual to: (2) a person authorized in writing by the individual to receive the medical records; or(3) a coroner under IC 36-2-14-21.(e) An individual may voluntarily disclose information about the individual's communicable disease.(f) The provisions of this section regarding confidentiality apply to information obtained under IC 16-41-1 through IC 16-4116. For purposes of compliance with the confidentiality provisions of IC 34-43-1-12, only the following diseases and conditions shall be defined as dangerous communicable diseases:(1) Acquired immunodeficiency syndrome.(4) HIV infection/disease.(7) Chlamydial (genital) infections.(8) Lymphogranuloma venereum.(9) Multiple drug-resistant tuberculosis. Information regarding all other diseases and conditions listed in section 75 of this rule, and not listed in this subsection, may be released as authorized by IC 34-43-1-12.
Indiana State Department of Health; 410 IAC 1-2.5-78; filed 11/25/2015, 2:54 p.m.: 20151223-IR-410150039FRAReadopted filed 11/12/2021, 8:41 a.m.: 20211208-IR-410210385RFA