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IN SB0084
Bill
AI Summary
Senate Bill No. 84 Summary
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Amends IC 16-39-1-3 to authorize guardians of incompetent patients to request health records of the patient after the patient's death.
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Adds a new category of deceased patient health record requestors: if the deceased had no spouse and no personal representative, the guardian of an incompetent deceased patient may request records.
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Amends IC 29-3-12-1 to provide that guardianships of incapacitated persons are not automatically terminated upon the incapacitated person's death.
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Prohibits courts from terminating guardianships within 60 days of an incapacitated person's death, or longer if the guardian requests access to records relating to the death within that 60-day period.
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Guardianship termination is delayed until the guardian either gains access to requested records, abandons the appeal, exhausts all appeals, or becomes time-barred from appealing a denial of access.
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Effective July 1, 2016.
Legislative Description
Guardian power to request health records. Amends the health records law to authorize the guardian of a patient who was incompetent to request health records of the patient after the patient's death. Amends the guardianship law to provide that: (1) the guardianship of an incapacitated person is not terminated upon the incapacitated person's death; and (2) the court may not terminate the guardianship of an incapacitated person: (A) until at least 60 days after the incapacitated person's death; or (B) if the guardian, less than 60 days after the incapacitated person's death, requests access to records relating to the incapacitated
Last Action
First reading: referred to Committee on Civil Law
1/5/2016