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U.S. National Institutes of Health
Last Updated: 03/05/10

Appendix A

Summary of State Laws

This summary of state laws does not include full citations for statutes that prohibit discrimination in employment or insurance on the basis of genetic testing or genetic information. There are other comprehensive collections of state laws addressing genetic nondiscrimination in employment and insurance. Therefore, there are complete references only where the statute is relevant for the conduct of research using tissue specimens.

INDIANA

Confidentiality of Health Information

  • Health care providers must protect the confidentiality of the health records, but may disclose a patient’s identity when it is essential. The provider may disclose a health record to another provider or to a nonprofit medical research organization for scientific, statistical, or educational projects [Annotated Indiana Code 16-18-2-295; 16-39-5-3]
  • Health care record is defined as written, electronic, or printed information possessed by a provider concerning any diagnosis, treatment, or prognosis of the patient. [Annotated Indiana Code 16-18-2-168]
  • Health care records may be used without the specific written authorization of the patient for scientific, statistical, and educational purposes among other reasons, provided that each party that receives the information protects its confidentiality. [Annotated Indiana Code 16-18-2-295 and 16-39-5-3.]
  • HMOs must maintain the confidentiality of medical information. [Annotated Indiana Code 27-13-31-1]

Conditions Imposed on Genetic Testing/Use of Genetic information

Legal restrictions imposed on the use of genetic information in the provision of insurance.

Permitted Releases of Health Information or Genetic Information for Research

Providers may disclose a health record to another provider or to a nonprofit medical research organization for scientific, statistical, or educational projects provided that each party that receives the information protects its confidentiality. [Annotated Indiana Code Section 16-39-5-3.]

Definition of Genetic Test/Genetic Information

As used in this chapter, “genetic screening or testing” means a laboratory test:

1) of an individual’s genes or chromosomes for abnormalities, defects, or deficiencies, including changes in the number, structure, or integrity of an individual’s chromosomes or carrier status, that: (A) are linked to physical or mental disorders or impairments; (B) indicate a susceptibility to illness, disease, or other disorders, whether physical or mental; or (C) demonstrate genetic or chromosomal damage due to environmental factors; and (2) that is a direct test for abnormalities, defects, or deficiencies in an individual’s genes or chromosomes. (b) The term does not include the detection of a genetic disorder through the manifestation of the genetic disorder.

[Annotated Indiana Code 27-8-26-2]