New Statutory Procedures and Forms for
Obtaining Confidential Health Disclosure Orders for GuardianshipPresented by the ISBA Probate, Trust & Real Property Section and Elder Law Section On-demand
1.3 hr. CLE About the programJeffrey Dible will cover one of the segments from his paper on Senate Enrolled Act 287. He will provide suggested sample forms for petitions, notices of hearings, and orders under new I.C. § 29-3-4-1.5. Jeslynn Smith will speak from the GAL’s perspective. Key takeaways include: - Background of the need for the new statute (why HIPAA regulations allow health care providers to refuse to comply with a bare non-party subpoena and T.R. 34(C) document request)
- How the “qualified protective order” rules and process work under the federal rules in 45 C.F.R. § 164.512(e)
- Overview of the procedures under new I.C. § 29-3-4-1.5 and what pleadings, notices and orders will be involved
- What kinds of medical records or reports (existing or new) can be requested via the new statute
- A hypothetical example with the steps involved in obtaining a confidential health disclosure order
- Function of the court as the “gatekeeper” to decide what medical records and report(s) will be shared with parties other than the alleged incapacitated adult
- What pleadings and case records must be filed and treated as non-public under ACR Rule 5
- How the medical records and reports can be used in proceedings involving the alleged incapacitated person
- What must happen to the produced medical records and reports after the proceedings are over (purging and destruction)
- How an adult already under guardianship can use the procedures under the new statute to support a move to limit or terminate the guardianship
The Appendices to Jeff Dible’s written materials will include the new statutory sections, relevant portions of the HIPAA regulations in 45 CFR Part 160, and sample forms for the petition and for three proposed orders.
Speakers: Jeffrey S. Dible, Frost Brown Todd LLP
Jeslynn C. Smith, Nugen Law
Moderator: Elizabeth A. Homes, Law Office of Elizabeth A. Homes LLC Who might enjoy thisAny lawyer who needs to file an adult guardianship proceeding and who does not have ready access (via a previously signed HIPAA authorization or advance directive from the alleged incapacitated adult) will benefit from this program. A new court procedure, which can be used by petitioners and also by adults already under guardianship, was added by P.L. 38-2023 (Senate Enrolled Act 287) and is available on and after July 1, 2023. PricingProbate, and/or Elder Law Section Members: Free
ISBA members: $50
Non-members: $75 Program linkPlease register (using the button at the top of the page) to receive the program link, which will be included in your registration confirmation email.
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