1. (a) This section applies to an individual who has a primary diagnosis of developmental disability.
2. (b) Action contemplated by a patient under this section includes action by the patient's parent or guardian if the patient is not competent.
3. (c) If a patient is admitted to a state institution, the staff of the state institution shall, before the patient is discharged, ask the patient whether the patient's medical and treatment records may be sent to a service coordinator employed by the division of disability and rehabilitative services under IC 12-11-2.1 so the service coordinator may send the records to local agencies serving the needs of individuals with a developmental disability in the area in which the patient will reside.

4. (d) If a patient agrees to release the records, the patient shall sign a form permitting the state institution to release to a service coordinator employed by the division of disability and rehabilitative services under IC 12-11-2.1 a copy of the patient's medical and treatment records to forward to local agencies serving the needs of individuals with a developmental disability in the area in which the patient will reside. The form must read substantially as follows:

   AUTHORIZATION TO RELEASE

   MEDICAL AND TREATMENT

   RECORDS

   I agree to permit ________________________________

   (name of state institution)

   to release a copy of the medical and treatment records of

   __________________ to _________________________

   (patient's name) (name of local agency

   serving the needs of

   individuals with a developmental disability)

   ______________ ___________________________

5. (date) (signature)

   ___________________________

   (address)

   ____________________ ___________________________

   (signature of individual (relationship to patient if

   securing release of signature is not that of the

   medical and treatment patient)

   records)

6. (e) If a patient knowingly signs the form for the release of medical records under subsection (d), a service coordinator employed by the division of disability and rehabilitative services under IC 12-11-2.1 shall allow local agencies serving the needs of individuals with a developmental disability in the area in which the patient will reside to obtain the following:

   1. (1) The patient's name.
   2. (2) The address of the patient's intended residence.
   3. (3) The patient's medical records.
   4. (4) A complete description of the treatment the patient was receiving at the state institution at the time of the patient's discharge.
7. (f) If the local agency does not obtain a patient's records, the state institution shall deliver the medical records to the local agency before or at the time the patient is discharged.

8. (g) If a patient does not agree to permit the release of the patient's medical and treatment records, the service coordinator shall deliver:

   1. (1) the patient's name; and

   2. (2) the address of the patient's intended residence;

      to local agencies serving the needs of individuals with a developmental disability in the area in which the patient will reside before or at the time the patient is discharged.

      [Pre-1992 Revision Citation: 16-14-28-1(b).]

As added by P.L.2-1992, SEC.18. Amended by P.L.4-1993, SEC.200; P.L.5-1993, SEC.213; P.L.24-1997, SEC.55; P.L.272-1999, SEC.45; P.L.141-2006, SEC.65; P.L.99-2007, SEC.117.