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IN SB0549
Bill
AI Summary
Senate Enrolled Act 549 Summary
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Amends the definition of "abandoned" health records to include records either voluntarily surrendered by a health care provider or recklessly/negligently treated allowing unauthorized access, effective July 1, 2017.
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Defines "health records" as written, electronic, or printed information maintained by a health care provider regarding patient diagnosis, treatment, or prognosis, including mental health records, alcohol and drug abuse records, and HIPAA-protected information.
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Authorizes the Indiana attorney general to file lawsuits against health care providers or former health care providers to recover costs incurred from abandoned health records if the court finds intentional or negligent abandonment.
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Applies existing data security requirements to health care providers who are data base owners under HIPAA exemptions but lack adequate information security policies or fail to implement safeguards for personal information after ceasing HIPAA coverage.
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Requires data base owners to implement reasonable procedures to protect personal information, prohibits disposal or abandonment of unencrypted personal records without proper destruction, and authorizes the attorney general to seek injunctions and civil penalties up to $5,000 per deceptive act.
Legislative Description
Health record information. Amends the definition of "abandoned" for purposes of protection of health records possessed by a health care provider or a former health care provider. Permits the attorney general to file an action against a health care provider or former health care provider to recover incurred costs related to abandoned records. Applies current law concerning data base security to a health care provider or former health care provider who is a data base owner currently exempt from the law if the data base owner does not have or implement a plan to safeguard personal information after ceasing to
Last Action
Public Law 76
4/13/2017