Sec. 2670. Confidentiality of medical quality assurance records
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Chapter 313 of title 51, United States Code, is amended by adding at the end the following: Except as provided in subsection (b)(1)— a medical quality assurance record, or any part of a medical quality assurance record, may not be subject to discovery or admitted into evidence in a judicial or administrative proceeding; and an individual who reviews or creates a medical quality assurance record for the Administration, or participates in any proceeding that reviews or creates a medical quality assurance record, may not testify in a judicial or administrative proceeding with respect to— the medical quality assurance record; or any finding, recommendation, evaluation, opinion, or action taken by such individual or in accordance with such proceeding with respect to the medical quality assurance record.
Notwithstanding subsection (a), a medical quality assurance record may be disclosed to— a Federal agency or private entity, if the medical quality assurance record is necessary for the Federal agency or private entity to carry out— licensing or accreditation functions relating to Administration healthcare facilities; or monitoring of Administration healthcare facilities required by law; a Federal agency or healthcare provider, if the medical quality assurance record is required by the Federal agency or healthcare provider to enable Administration participation in a healthcare program of the Federal agency or healthcare provider; a criminal or civil law enforcement agency, or an instrumentality authorized by law to protect the public health or safety, on written request by a qualified representative of such agency or instrumentality submitted to the Administrator that includes a description of the lawful purpose for which the medical quality assurance record is requested; an officer, an employee, or a contractor of the Administration who requires the medical quality assurance record to carry out an official duty associated with healthcare; healthcare personnel, to the extent necessary to address a medical emergency affecting the health or safety of an individual; and any committee, panel, or board convened by the Administration to review the healthcare-related policies and practices of the Administration.
An individual or entity to whom a medical quality assurance record has been disclosed under paragraph
(1)may not make a subsequent disclosure of the medical quality assurance record. Except as provided in paragraph (2), the personally identifiable information contained in a medical quality assurance record of a patient or an employee of the Administration, or any other individual associated with the Administration for purposes of a medical quality assurance program, shall be removed before the disclosure of the medical quality assurance record to an entity other than the Administration. Personally identifiable information described in paragraph
(1)may be released to an entity other than the Administration if the Administrator makes a determination that the release of such personally identifiable information— is in the best interests of the Administration; and does not constitute an unwarranted invasion of personal privacy. A medical quality assurance record may not be made available to any person under section 552 of title 5, United States Code (commonly referred to as the Freedom of Information Act ), and this section shall be considered a statute described in subsection (b)(3)(B) of such section 522. Not later than one year after the date of the enactment of this section, the Administrator shall promulgate regulations to implement this section. Nothing in this section shall be construed— to withhold a medical quality assurance record from a committee of the Senate or House of Representatives or a joint committee of Congress if the medical quality assurance record relates to a matter within the jurisdiction of such committee or joint committee; or to limit the use of a medical quality assurance record within the Administration, including the use by a contractor or consultant of the Administration. In this section: The term medical quality assurance record means any proceeding, discussion, record, finding, recommendation, evaluation, opinion, minutes, report, or other document or action that results from a quality assurance committee, quality assurance program, or quality assurance program activity. The term quality assurance program means a comprehensive program of the Administration— to systematically review and improve the quality of medical and behavioral health services provided by the Administration to ensure the safety and security of individuals receiving such health services; and to evaluate and improve the efficiency, effectiveness, and use of staff and resources in the delivery of such health services. The term quality assurance program includes any activity carried out by or for the Administration to assess the quality of medical care provided by the Administration. . The table of sections for chapter 313 of title 51, United States Code, is amended by adding at the end the following: 31303. Confidentiality of medical quality assurance records. .