Accessing your medical records in Indiana does not have to be complicated. Whether you are requesting them for your care, legal documentation, or on behalf of someone else, state and federal laws give you clear rights. Under HIPAA and Indiana Code § 16-39-1, you can request your own records without a subpoena, as long as the request is properly completed.
When records are needed for legal proceedings, such as injury claims, custody disputes, or insurance reviews, a subpoena may be necessary. In these cases, Indiana Trial Rule 45 and HIPAA outline the exact procedures for lawfully and securely requesting records.
At Langer & Langer, we help you understand how to get medical records in Indiana without unnecessary setbacks.
How to Request Medical Records Without a Subpoena
Most people request medical records through standard administrative channels when no legal dispute is involved. This approach applies when you are managing your care, switching providers, or accessing records for personal use.
Step-by-Step Guide: How to Get Medical Records in Indiana
To request medical records in Indiana without a subpoena, follow these legal steps to ensure your request is valid and timely:
- Identify the Records You Need
Determine which records you are requesting, such as visit summaries, test results, or billing statements, and specify the date range. - Contact the Medical Records Department
Contact the provider or visit their website to confirm their submission process and determine if a specific form is required. - Complete the Provider’s Authorization Form
Use the provider’s HIPAA-compliant form to document your request. Include your identifying details and instructions on how you’d like to receive the records. - Prepare Required Documentation
Attach a valid photo ID and, if applicable, proof of authority. - Submit Using the Provider’s Preferred Method
Send the request by mail, fax, or secure online portal according to the provider’s instructions. - Wait for the Provider’s Response
Under HIPAA, providers have up to 30 days to respond. Most Indiana providers complete electronic requests within 7–14 business days. - Follow Up If There’s a Delay
If you receive no response, contact the provider to verify the status and whether any documentation is missing.
Required Documents to Request Medical Records in Indiana
To process a medical records request in Indiana, providers require the following documents:
- Completed Medical Records Request Form
Must include your name, date of birth, contact info, specific records requested, service dates, and delivery preference. - Signed Authorization or Consent Form
A dated signature is required under HIPAA and Indiana Code § 16-39-1. If requesting on behalf of someone else, include legal proof of authority (e.g., power of attorney, court order). - Valid Government-Issued Photo ID
Acceptable IDs include a driver’s license, state ID, or passport. - Payment for Copying Fees (if applicable)
Indiana law allows fees of:- $1 per page for the first 10 pages
- $0.50 per page for pages 11–50
- $0.25 per page beyond 50
Additional charges may apply for postage or labor if records are not electronic.
How Long Does It Take to Receive Records from a Provider?
Under HIPAA, providers are required to respond to a valid request for medical records within 30 days. If records are stored off-site, the deadline may be extended once by another 30 days with written notice.
Indiana law defers to HIPAA but encourages timely responses. Most Indiana providers fulfill electronic requests within 7 to 14 business days. Delays usually occur due to missing identification or incomplete paperwork.
Double-check your submission before sending it to avoid rejection or delay.
What to Do If a Provider Refuses to Release Your Records
If a provider denies your request, first confirm that all applicable legal requirements have been met. Ensure your form is complete, signed, and includes a valid ID.
If your request is valid and still denied, take the following steps:
- Request a Written Explanation: HIPAA requires providers to give a written reason for denial. Some records, such as psychotherapy notes or court-protected documents, can be lawfully withheld.
- File a Complaint with the U.S. Department of Health and Human Services (OCR): You can file within 180 days of the violation. OCR investigates improper denials under HIPAA.
- Consult a Healthcare Attorney: If your rights under HIPAA or Indiana Code § 16-39-1 were violated, a medical malpractice attorney can help enforce compliance or pursue legal remedies.
When a Subpoena is Required to Get Medical Records in Indiana
In legal disputes or court proceedings, a subpoena is usually required when medical records are requested without the patient’s direct consent.
Common Legal Situations That Require a Subpoena
These are the most common legal reasons a subpoena is needed to obtain medical records in Indiana:
- Personal Injury Claims
Attorneys subpoena records to confirm or challenge physical injuries related to auto accidents, premises liability, or workplace incidents. - Medical Malpractice Cases
Both plaintiff and defense lawyers request treatment records to evaluate issues related to the standard of care. - Child Custody Disputes
Courts may grant access to a parent’s or child’s medical or mental health records to inform custody decisions. - Probate and Guardianship Proceedings
Records help establish capacity or support guardianship petitions in estate and elder law matters. - Criminal Defense or Prosecution
Medical records may be subpoenaed to support or disprove facts, such as confirming the defendant was receiving treatment at the time of the alleged offense.
Exceptions: When You Don’t Need a Subpoena for Medical Records
Some situations allow access to medical records in Indiana without needing a subpoena:
- Patient Authorization: If the patient signs a HIPAA-compliant release, the provider may send records directly to the authorized person or entity.
- Continuity of Care Transfers: Providers may share records with another treating professional for ongoing care without needing court involvement.
- Law Enforcement Requests: Certain scenarios, such as locating a suspect, reporting abuse, or responding to a court order, permit limited disclosure without the need for a subpoena.
- Medical Examiner or Coroner Access: Records can be released without consent or subpoena when investigating the cause of death.
These exceptions are narrow and governed by HIPAA and Indiana Code § 16-39. Providers must still follow strict privacy rules in all cases.
Who Can Legally Request Medical Records in Indiana?
Only patients, their legal representatives, or authorized individuals can legally request medical records in Indiana under state and federal law. These laws define who qualifies as a valid requester depending on the relationship to the patient.
HIPAA vs Indiana Law: Who Can Access Medical Records?
HIPAA and Indiana Code § 16-39 both govern who can access medical records, but Indiana law adds state-specific limitations based on the requester’s legal status.
Here are the key differences:
| HIPAA (Federal Law) | Indiana Law (State Law) |
|---|---|
| Patients have the right to access their own medical records. | Mirrors HIPAA but introduces limits in cases involving minors or incapacitated adults. |
| Access is extended to personal representatives, such as legal guardians or individuals with medical power of attorney. | Defines “personal representative” more specifically under Indiana Code § 16-39. |
| Applies uniformly across all 50 states. | Applies only in Indiana and supplements HIPAA without conflicting with it. |
| Allows limited disclosures without consent for public health or legal compliance. | Requires documented proof of authority before any records are released. |
Covered entities such as hospitals, clinics, and health systems must verify the requester’s authority before releasing any records under either law.
Who Can Request Records for Someone Else in Indiana?
In Indiana, only individuals with verified legal authority can request medical records on behalf of another person. This includes:
- Parents of Minor Children (Under Age 18)
A custodial parent can request a child’s records unless parental rights have been legally restricted. Indiana Code § 16-39-1-3 applies to requests involving patients under the age of 18. - Legal Guardians or Healthcare Representatives
Court-appointed guardians or individuals named in a valid healthcare power of attorney may access records for an incapacitated adult or minor. - Attorneys with Written Authorization
A lawyer may request records only if the patient or their legal representative has signed a HIPAA-compliant release form.
Each requester must submit proof of legal authority, such as a court order, a durable power of attorney, or signed consent.
Who Is Not Allowed to Access Certain Medical Records in Indiana?
Several parties are restricted from accessing medical records in Indiana without the patient’s explicit consent. These include:
- Employers
An employer cannot request an employee’s records unless the employee signs a valid release or the request is tied to a legal proceeding. - Estranged or Non-Custodial Family Members
Family members such as former spouses or distant relatives cannot access records without written permission from the patient. - Insurance Companies
Insurers must obtain a signed release form to access medical records, even when reviewing a claim for payment.
These restrictions are backed by both HIPAA and Indiana Code, which prioritize patient privacy and limit unauthorized access.
Which Medical Records Are Restricted in Indiana?
Mental health, substance use, and reproductive health records are legally restricted in Indiana under HIPAA, 42 CFR Part 2, and Indiana Code. These laws set limits on who can access sensitive medical information and under what circumstances.
HIPAA and 42 CFR Part 2 Restrictions on Medical Records
HIPAA protects all personal health information, but 42 CFR Part 2 adds stricter rules for substance use disorder treatment records. These federal laws limit when and how providers can disclose sensitive behavioral health records.
42 CFR Part 2 applies to any federally assisted program that diagnoses, treats, or refers patients for substance use disorders. Disclosure without written patient consent is generally prohibited, even with a subpoena, unless a specific court order authorizes release under strict legal criteria.
HIPAA permits certain disclosures for treatment and payment purposes, but 42 CFR overrides this requirement for substance abuse records. Providers must ensure both laws are followed before disclosing any covered data.
Are Mental Health and Substance Abuse Records Restricted in Indiana?
Indiana law adds further protection to mental health and addiction treatment records beyond what federal law requires. Under Indiana Code § 16-39-2 and § 16-39-3, these records cannot be released without written consent or a court order.
Providers have the right to deny access if releasing the records would harm the patient or another individual. Courts may compel disclosure, but only if the request meets specific procedural safeguards.
Even when a subpoena is issued, mental health records often require additional judicial approval before they can be released. This applies to therapy notes, psychiatric evaluations, and treatment plans.
Access Limits for Minors’ Reproductive and Sexual Health Records
In Indiana, minors have limited rights to control access to their own reproductive and sexual health records in certain situations. This includes treatment for sexually transmitted infections, pregnancy-related care, and birth control.
Indiana law allows minors to consent to these services, and in such cases, they may restrict parental access to related records. Providers may, but are not required to, inform parents unless there is a medical or safety concern.
These access boundaries are rooted in both HIPAA and Indiana Code § 16-36-1-3.5 and § 16-41-6-1. Medical facilities must assess each case based on the type of treatment, the patient’s age, and their legal status.
How Long Are Medical Records Retained by Indiana Providers?
Indiana law sets specific timeframes for how long healthcare providers must retain patient medical records. These timelines vary based on the patient’s age and type of care, and are governed primarily by Indiana Code, not HIPAA.
Indiana Retention Requirements for Adult vs Minor Records
Under Indiana Code § 16-39-7-1, healthcare providers must retain medical records for different periods depending on the patient’s age at the time of treatment:
- Adult Patients
Records must be retained for at least 7 years from the date of service. - Minor Patients (Under Age 18)
Records must be retained until the patient reaches the age of 21 or for 7 years after the date of service, whichever is longer.
Hospitals and physicians are required to maintain accessible documentation for audit, legal, and medical continuity purposes. Providers may keep records for longer periods, but these are the minimum legal requirements.
Which Retention Law Applies: HIPAA or Indiana Code?
In Indiana, state law, not HIPAA, governs the retention period for medical records. While HIPAA requires covered entities to retain records for 6 years for privacy and security compliance, this refers to documentation of privacy practices, not the actual medical records themselves.
Indiana Code sets the binding minimum retention periods for healthcare providers practicing in the state. When state law is stricter or more specific than HIPAA, Indiana providers must follow state rules.
Do Retention Rules Differ for Electronic and Paper Records?
Retention timelines in Indiana apply equally to both electronic and paper medical records. Indiana Code § 16-39-7-1 does not differentiate between formats. Providers must retain all documents, whether stored in charts, scanned images, or electronic health record (EHR) systems, for the same minimum period.
However, storage and access methods may differ by provider policy and system capability. Electronic records are typically easier to store long-term and retrieve on demand, while physical records may be archived off-site. Federal guidance under HIPAA requires providers to maintain the integrity and confidentiality of both formats throughout the retention period.
What Happens to Old Records After the Retention Period?
Once the legal retention period has expired, providers must dispose of medical records in a secure and compliant manner. Disposal methods vary depending on the record format, but must prevent unauthorized access to protected health information.
Acceptable destruction methods include:
- Shredding paper documents.
- Digital purging, also known as secure deletion, is the process of removing electronic files.
- De-identification for records retained for research or administrative use.
Providers are responsible for documenting the method and timing of record destruction. HIPAA requires that disposal safeguards match the sensitivity of the data and the risk of unauthorized disclosure.
Types of Medical Subpoenas in Indiana and When to Use Them
Indiana law recognizes various types of subpoenas for obtaining medical records, each with its specific legal authority and use cases. The distinctions between court-issued, attorney-issued, and subpoena duces tecum are important when determining how to access protected health information legally.
Attorney-Issued vs Court-Issued Subpoenas: What’s Legally Required?
In Indiana, an attorney-issued subpoena may be sufficient to request medical records in civil matters, provided it complies with the procedural safeguards outlined in Indiana Trial Rule 45. This includes providing proper notice to the patient and allowing them sufficient time to object.
A court-issued subpoena is typically required in criminal cases or when a party is seeking records without the patient’s knowledge or consent. These subpoenas carry judicial authority and may be necessary when protected health records are contested or involve heightened privacy protections.
Failure to use the correct type of subpoena can result in denial of the request or legal sanctions.
When Should You Use Each Type of Subpoena in a Medical Records Case?
The type of subpoena to use depends on the nature of the legal case and whether the patient has authorized the release of their records. Here are common scenarios:
- Civil Litigation (e.g., personal injury)
Attorney-issued subpoenas are often used, provided proper notice is given. - Family Law Cases (e.g., custody disputes)
Court-issued subpoenas are typically required due to the sensitive nature of mental health or pediatric records. - Criminal Proceedings
Judicial subpoenas are mandatory. Records must be approved for release by the court to protect the privacy rights of the defendant and third parties.
What Makes a Subpoena Duces Tecum Different from Other Subpoenas?
A subpoena duces tecum is used to compel the production of documents, not the testimony of witnesses. In the context of medical records, it directs the provider to send specified health records to the requesting party or court.
Unlike a witness subpoena, which orders someone to appear in court, a subpoena duces tecum focuses only on obtaining evidence in the form of documents. It must list the records sought with reasonable specificity and still comply with HIPAA and Indiana law.
Legal Situations That Require a Subpoena Duces Tecum in Indiana
A subpoena duces tecum is commonly used when medical records are required as evidence, but live testimony is not necessary. These situations include:
- Medical Malpractice Claims
To review treatment history, provider notes, and test results. - Insurance or Disability Disputes
To verify diagnosis, ongoing care, or impairment level. - Wrongful Death or Probate Cases
To establish the cause of death, pre-existing conditions, or mental capacity.
What Types of Medical Records Are Typically Requested via Subpoena Duces Tecum?
A subpoena duces tecum typically requests complete or targeted sets of medical records relevant to the legal matter. Commonly requested records include:
- Treatment Notes and Progress Reports: To track physician observations, diagnoses, and care plans.
- Diagnostic Imaging and Lab Results: To support or challenge medical findings in court.
- Psychiatric and Psychological Assessments: Often requested in custody, disability, or mental health defense cases.
When Can Medical Records Be Used as Evidence in Indiana Court?
Medical records can be used as evidence in Indiana courts when they meet the legal standards for admissibility. These records must satisfy the rules of evidence, particularly regarding authentication, hearsay exceptions, and patient privacy protections.
When Medical Records Are Admissible Without Testimony in Indiana
Indiana courts admit medical records without live testimony under the business records exception in Rule 803(6) if the records are certified and meet the specific conditions outlined in the rule. To qualify:
- The records must be created at or near the time of treatment.
- The author must have personal knowledge or rely on someone who does.
- The records must be kept in the regular course of business.
- The records must be trustworthy.
If certified under Rule 902(11), the custodian of records may submit a written affidavit instead of testifying in person. Courts may exclude uncertified or improperly authenticated records even if relevant to the case.
How Courts Handle Sensitive Medical Records During Evidence Presentation
When sensitive medical records are introduced in court, such as mental health, HIV status, or substance abuse history, Indiana courts may take steps to limit public disclosure. Common protective measures include:
- Sealing the records so they are not accessible in public files.
- Redacting irrelevant or highly personal details before submission.
- Conducting an in-camera review by the judge to determine what may be shown in open court.
Parties concerned about sensitive content must raise the issue before trial to request protective orders or other privacy safeguards.
How to Subpoena Medical Records Through Indiana Courts
Once a subpoena is legally required, Indiana law outlines a clear process to request medical records through the courts. This process must comply with both state procedural rules and federal privacy regulations.
Drafting a HIPAA-Compliant Subpoena Under Indiana Law
A subpoena for medical records must meet both Indiana Trial Rule 45 and HIPAA privacy standards. Failing to follow either can result in denial of the request or legal penalties.
To comply with HIPAA, the subpoena must:
- Include a valid notice to the patient or a signed authorization.
- Allow a reasonable time (typically 14 days) for objection.
- Clearly describe the records requested.
- Include contact details for the issuing party.
Indiana courts may also require a motion and protective order when highly sensitive records are involved, such as psychiatric or addiction treatment records. The subpoena should be specific and avoid overly broad requests.
How to Serve the Subpoena and Notify the Patient in Indiana
In Indiana, a subpoena for medical records must be properly served on both the provider and the patient, unless a signed release is already in place.
Service requirements include:
- Delivering the subpoena to the custodian of records at the provider’s facility.
- Sending a written notice to the patient or their attorney.
- Allowing time for the patient to file a motion to quash if objected to.
Service may be completed in person, by certified mail, or by other approved court methods. The provider is not required to release records unless the subpoena meets these service conditions.
Common Mistakes That Can Invalidate a Medical Records Subpoena
The following errors frequently cause subpoenas to be rejected or delayed:
- Failing to notify the patient or give them time to object.
- Omitting a signed HIPAA authorization or protective order for sensitive records.
- Requesting overly broad or irrelevant records.
- Incorrectly served the subpoena (wrong department, wrong method).
- Leaving out the required language under Indiana Rule 45 or HIPAA.
- Using a subpoena in cases where court authorization is required.
How Subpoenas Are Used in Indiana Civil and Family Law
In Indiana civil and family law cases, subpoenas are used to obtain medical records that are directly relevant to the legal dispute. These records help establish facts related to injuries, capacity, or a party’s mental and physical condition.
Medical Records in Child Custody and Family Court Disputes
Medical records can be critical in custody and family law disputes when a parent’s physical or mental condition affects their ability to care for a child. Courts may consider:
- Mental health evaluations that show a parent’s stability or risk factors.
- Substance abuse treatment records are reviewed when sobriety is in question.
- Pediatric records to assess the child’s health, injuries, or care history.
These records are usually subpoenaed and may require a court order before release. Judges often review them privately (in-camera review) before deciding whether they can be shared with the other party.
Subpoena Use in Indiana Personal Injury and Malpractice Cases
In personal injury and medical malpractice cases, subpoenas are used to obtain treatment records that support or dispute the claimed injuries. Common uses include:
- Emergency room reports following a car crash or workplace accident.
- Physician progress notes showing ongoing treatment or recovery.
- Diagnostic scans or lab results to verify the extent of the injury.
These records are crucial in establishing causation, determining damages, or identifying pre-existing conditions. The requesting party must ensure the subpoena complies with HIPAA and Indiana Rule 45.
Can Mental Health or Addiction Records Be Subpoenaed in Indiana Civil Cases?
Mental health and addiction records can be subpoenaed in Indiana civil cases, but only under strict conditions. Due to heightened confidentiality protections, courts often require:
- A specific court order authorizing disclosure.
- In-camera review to determine relevance.
- Limits on scope and disclosure are in place to protect sensitive information.
Records related to psychiatric treatment, therapy sessions, or substance abuse programs are not released without meeting federal and state privacy rules. Even with a subpoena, providers may still reject the request unless all necessary legal steps are taken
What Happens After a Medical Records Subpoena Is Filed?
Once a subpoena for medical records is issued in Indiana, it triggers legal duties for the provider and potential rights for the patient. The process involves time-sensitive responses, possible objections, and court enforcement if the request is not addressed.
Provider Responsibilities and Timeline to Respond
After receiving a subpoena, the provider must determine whether it meets legal standards before releasing any records. Under HIPAA and Indiana Trial Rule 45:
- The subpoena must include proper notice to the patient or a valid authorization.
- The provider must allow the patient a reasonable time (typically 14 days) to object.
- If valid, records must be disclosed by the date listed in the subpoena.
If the subpoena is incomplete or violates HIPAA, the provider must not release the records. Failure to follow this process may lead to legal penalties for the provider.
How to Challenge or Quash a Medical Records Subpoena in Indiana
To challenge a medical records subpoena, the patient or their attorney can file a motion to quash or modify the subpoena. This is typically done in the court that issued the subpoena.
Steps to file a motion to quash:
- File a written motion explaining why the subpoena is improper (e.g., overbroad, violates privacy laws).
- Cite applicable rules such as HIPAA and Indiana Trial Rule 45(C).
- Serve notice to the issuing party and provider.
- Request a hearing if needed to argue the motion in court.
Courts will consider whether the subpoena seeks irrelevant or overly sensitive information, and whether the requester has followed the required procedures.
What to Do If a Provider Doesn’t Comply With a Medical Records Subpoena
If a provider ignores a valid subpoena, the requesting party can request that the court enforce it. Common remedies include:
- Filing a motion to compel under Indiana Trial Rule 37.
- Requesting court sanctions or contempt charges for noncompliance.
- Notifying the provider’s legal counsel or compliance officer before taking action.
Courts may impose penalties if the provider fails to respond without a lawful justification. Enforcement depends on the validity of the subpoena and whether HIPAA regulations were properly followed.
Should You Hire a Lawyer for a Medical Subpoena or Denied Records?
When medical records are withheld or subpoenaed improperly, legal help can make the difference between compliance and conflict. A lawyer may be necessary when a provider refuses access, a subpoena is challenged, or sensitive data is at risk of disclosure.
How a Lawyer Can Protect Your Records or Help You Obtain Them
An indiana medical malpractice lawyer can help you obtain medical records by ensuring your request meets legal standards under HIPAA and Indiana law. If someone seeks your records improperly, your attorney can object, file a motion to quash, or request protective orders.
Lawyers also assist in drafting subpoenas, responding to provider refusals, and enforcing compliance through the courts. Their role is to protect your rights, whether you need to access records or want to prevent their release.
Why Choose an Indiana Lawyer for Medical Records Disputes?
Clients trust Langer & Langer because we understand the complexities of medical records law in Indiana. We handle subpoena enforcement, provider disputes, and courtroom objections with a record of success across civil, family, and malpractice cases.
Our team has decades of litigation experience and is well-versed in how Indiana courts apply privacy, HIPAA, and evidentiary standards. We take action when your rights are delayed or denied.
Ready to Take Action? Speak With an Indiana Medical Records Attorney Today.
Call us at (219) 600-8847, or request a consultation online. We’ll respond promptly and confidentially.
