Sec. 7. (a) The reports filed under section 3 of this chapter:

(1) may not contain information that personally identifies a patient or a consumer of health services; and

(2) must be open to public inspection.

(b) The state department shall provide copies of the reports filed under section 3 of this chapter to the public upon request, at the state department's actual cost.

(c) The following apply to information that is filed with the state department, or the state department's designated contractor, or transferred to the state department by the state department's designated contractor under section 6 of this chapter:

(1) Except as provided in subsection (e), the information is confidential.

(2) The information must be transferred by the contractor to the state department in a format determined by the state department.

(d) An analysis completed by the state department of information that is filed under section 6 of this chapter:

(1) may not contain information that personally identifies or may be used to personally identify a patient or consumer of health services, unless the information is determined by the state department to be necessary for a public health activity;

(2) must be open to public inspection; and

(3) must be provided to the public by the state department upon request at the state department's actual cost.

(e) Information provided under section 6 of this chapter may be released or made public by the state department only if at least one (1) of the following circumstances applies:

(1) The use of the information by the state department:

(A) is to comply with the requirements of this chapter; or

(B) is released for statistical purposes in a manner that does not identify an individual.

(2) At the state department's discretion, for research purposes with identifiable information being released only if:

(A) the person requesting the information states in writing to the state department:

(i) the purpose, including any intent to publish findings, and the nature of the data sought;

(ii) the personal information that is required; and

(iii) the safeguards the person will take to protect the identity of the data subjects;

(B) the proposed safeguards in clause (A)(iii) are adequate to prevent the identity of an individual data subject from being known;

(C) the researcher executes an agreement with the state department, on a form approved by the oversight committee on public records, that:

(i) incorporates the safeguards for the protection of individual data subjects;

(ii) defines the scope of the research project; and

(iii) informs the researcher that failure to abide by the conditions of the approved agreement constitutes a breach of contract and could result in civil litigation by the data subject;

(D) the researcher agrees to pay any costs of the research; and

(E) the state department maintains a copy of the agreement or contract for the life of the record.

[Pre-1993 Recodification Citation: 16-10-5-3.]

As added by P.L.2-1993, SEC.4. Amended by P.L.44-2002, SEC.4; P.L.78-2004, SEC.22; P.L.208-2015, SEC.8.