16-50-1-8. Review of records; access to records; no liability; confidentiality

IN Code § 16-50-1-8 (2019) (N/A)
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Sec. 8. (a) In conducting a review under this chapter, the statewide maternal mortality review committee shall review all applicable records and information related to the death, including the following:

(1) Records held by the local or state health departments, including the death certificate.

(2) Medical records submitted by the health care provider or health care facility.

(3) Law enforcement records.

(4) Coroner records, including an autopsy report.

(5) Mental health records.

(6) Emergency medical services reports.

(7) Subject to IC 31-33-18-2, records held by the department of child services.

(8) To the extent allowable under state and federal law, other records held by the state department.

(b) The following shall provide to the statewide maternal mortality review committee, in good faith, access to records concerning a case under review under this chapter:

(1) A health care provider.

(2) A health care facility.

(3) An individual.

(4) An entity.

(c) A person described in subsection (b) that provides access to records in good faith under this section is not subject to liability in:

(1) a civil;

(2) an administrative;

(3) a disciplinary; or

(4) a criminal;

action that might otherwise be imposed as a result of the disclosure.

(d) Except as otherwise provided under this chapter, information and records acquired and interviews conducted by the statewide maternal mortality review committee in the exercise of the committee's duties under this chapter are confidential and exempted from disclosure.

(e) Records, information, documents, and reports acquired or produced by the statewide maternal mortality review committee are not:

(1) subject to subpoena or discovery; or

(2) admissible as evidence;

in any judicial or administrative proceeding. Information that is otherwise discoverable or admissible from original sources is not immune from discovery or use in any proceeding merely because the information was presented during proceedings before the statewide maternal mortality review committee.

(f) The statewide maternal mortality review committee members and individuals who attend a statewide maternal mortality review committee meeting at the invitation of the chairperson shall maintain the confidentiality of records and information discussed and disseminated during the statewide maternal mortality review committee meeting.

As added by P.L.48-2018, SEC.3.