Can I collect health information from participants in Indiana? What are the requirements?

Collecting Health Information in Indiana

Indiana law allows the state department to conduct surveys concerning the health status of Indiana residents and evaluating the effectiveness of the state department’s programs. Information contained in a survey that identifies or could be used to determine the identity of a person responding to the survey is confidential. All other information contained in the survey is not confidential and is available for inspection and copying under IC 5-14-3 ^[1.1].

However, Indiana law also defines “health data” as information on a person’s health status, ethnicity, and gender, as well as the cost, availability, and use of health resources and services ^[1.2]. This means that if you are collecting health information that falls under this definition, you must comply with the requirements of Indiana law.

Requirements for Collecting Health Information

IC 16-39-4-5 provides specific requirements for the release of mental health records, which may be applicable to the collection of health information in Indiana. This section allows a patient or their legal representative to consent in writing to the release of information to an insurer that has issued a policy of accident and sickness insurance covering the patient. The provider may disclose certain information to the insurer, including the patient’s name, policy or contract number, date of admission to a treatment facility, diagnosis, and plan of treatment ^[2.1].

IC 16-39-5-3 allows a provider to use a patient’s health record for legitimate business purposes, including submission of claims for payment, collection of accounts, litigation defense, quality assurance, peer review, and scientific, statistical, and educational purposes. However, the provider must protect the confidentiality of the health record and may only disclose the identity of the patient when essential to the provider’s business use or to quality assurance and peer review ^[3.2].

Conclusion

Based on the information provided in the context documents, you can collect health information from participants in Indiana through surveys conducted by the state department or through the CSHCN program. However, if the health information falls under the definition of “health data” as defined by Indiana law, you must comply with the requirements of IC 16-39-4-5 and IC 16-39-5-3.

Source(s):

• [1.1] State department surveys; confidentiality
• [2.1] Information subject to disclosure; exempt institutions; failure of patient to authorize release of information
• [3.2] Provider’s use of records; confidentiality; violations
• [1.2] Health data defined

Jurisdiction

Indiana

• Privacy