27-13-31-1. Information treated as confidential; exceptions; privilege against disclosure

IN Code § 27-13-31-1 (2019) (N/A)

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Sec. 1. (a) Notwithstanding IC 27-13-30, any information:

(1) that pertains to the diagnosis, treatment, or health of any enrollee of a health maintenance organization or limited service health maintenance organization; and

(2) that is obtained from:

(A) the enrollee; or

(B) any provider;

by any health maintenance organization or limited service health maintenance organization;

is confidential and may not be disclosed to any person, except under the circumstances set forth in subsection (b).

(b) Information described in subsection (a) may be disclosed:

(1) to the extent necessary to carry out this article;

(2) upon the express consent of the enrollee;

(3) under a statute or court order for the production of evidence or the discovery of evidence; or

(4) in the event of a claim or litigation between:

(A) the enrollee; and

(B) the health maintenance organization or limited service health maintenance organization;

in which the data or information is pertinent.

(c) A health maintenance organization or limited service health maintenance organization is entitled to claim any statutory privilege against the disclosure of information described in subsection (a) that the provider who furnished the information to the health maintenance organization or limited service health maintenance organization is entitled to claim.

As added by P.L.26-1994, SEC.25.

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27-13-31-2. Liability limitations