Sec. 202. Confidentiality of medical quality assurance records
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Title XXIII of the Homeland Security Act of 2002, as added by this Act, is amended by adding at the end the following: In this section: The term health care provider means an individual who— is— an employee of the Department; a detailee to the Department from another Federal agency; a personal services contractor of the Department; or hired under a contract for services; performs health care services as part of duties of the individual in that capacity; and has a current, valid, and unrestricted license or certification— that is issued by a State, the District of Columbia, or a commonwealth, territory, or possession of the United States; and that is for the practice of medicine, osteopathic medicine, dentistry, nursing, emergency medical services, or another health profession.
The term medical quality assurance program means any activity carried out on or after the date of enactment of this section by the Department to assess the quality of medical care, including activities conducted by individuals, committees, or other review bodies responsible for quality assurance, credentials, infection control, incident reporting, the delivery, advisement, and support of direct patient care and assessment (including treatment procedures, blood, drugs, and therapeutics), medical records, health resources management review, and identification and prevention of medical, mental health, or dental incidents and risks.
The term medical quality assurance record of the Department means the proceedings, records (including patient records that the Department creates and maintains as part of a system of records), minutes, and reports that— emanate from quality assurance program activities described in paragraph (2); and are produced or compiled by the Department as part of a medical quality assurance program. A medical quality assurance record of the Department that is created as part of a medical quality assurance program— is confidential and privileged; and except as provided in subsection (d), may not be disclosed to any person or entity.
Except as otherwise provided in this section— no part of any medical quality assurance record of the Department may be subject to discovery or admitted into evidence in any judicial or administrative proceeding; and an individual who reviews or creates a medical quality assurance record of the Department or who participates in any proceeding that reviews or creates a medical quality assurance record of the Department may not be permitted or required to testify in any judicial or administrative proceeding with respect to such record or with respect to any finding, recommendation, evaluation, opinion, or action taken by such individual in connection with such record.
Subject to paragraph (2), a medical quality assurance record of the Department may be disclosed, and a person described in subsection (c)(2) may give testimony in connection with the record, only as follows: To a Federal agency or private organization, if such medical quality assurance record of the Department or testimony is needed by the Federal agency or private organization to— perform licensing or accreditation functions related to Department health care facilities, a facility affiliated with the Department, or any other location authorized by the Secretary for the performance of health care services; or perform monitoring, required by law, of Department health care facilities, a facility affiliated with the Department, or any other location authorized by the Secretary for the performance of health care services.
To an administrative or judicial proceeding concerning an adverse action related to the credentialing of or health care provided by a present or former health care provider by the Department. To a governmental board or agency or to a professional health care society or organization, if such medical quality assurance record of the Department or testimony is needed by the board, agency, society, or organization to perform licensing, credentialing, or the monitoring of professional standards with respect to any health care provider who is or was a health care provider for the Department.
To a hospital, medical center, or other institution that provides health care services, if such medical quality assurance record of the Department or testimony is needed by such institution to assess the professional qualifications of any health care provider who is or was a health care provider for the Department and who has applied for or been granted authority or employment to provide health care services in or on behalf of the institution. To an employee, a detailee, or a contractor of the Department who has a need for such medical quality assurance record of the Department or testimony to perform official duties or duties within the scope of their contract.
To a criminal or civil law enforcement agency or instrumentality charged under applicable law with the protection of the public health or safety, if a qualified representative of the agency or instrumentality makes a written request that such medical quality assurance record of the Department or testimony be provided for a purpose authorized by law. In an administrative or judicial proceeding commenced by a criminal or civil law enforcement agency or instrumentality described in subparagraph (F), but only with respect to the subject of the proceeding.
With the exception of the subject of a quality assurance action, personally identifiable information of any person receiving health care services from the Department or of any other person associated with the Department for purposes of a medical quality assurance program that is disclosed in a medical quality assurance record of the Department shall be deleted from that record before any disclosure of the record is made outside the Department. The requirement under subparagraph
(A)shall not apply to the release of information that is permissible under section 552a of title 5, United States Code (commonly known as the Privacy Act of 1974 ). Nothing in this section shall be construed— to authorize or require the withholding from any person or entity de-identified aggregate statistical information regarding the results of medical quality assurance programs, under de-identification standards developed by the Secretary in consultation with the Secretary of Health and Human Services, as appropriate, that is released in a manner in accordance with all other applicable legal requirements; or to authorize the withholding of any medical quality assurance record of the Department from a committee of either House of Congress, any joint committee of Congress, or the Comptroller General of the United States if the record pertains to any matter within their respective jurisdictions. A person or entity having possession of or access to a medical quality assurance record of the Department or testimony described in this section may not disclose the contents of the record or testimony in any manner or for any purpose except as provided in this section. A medical quality assurance record of the Department shall be exempt from disclosure under section 552(b)(3) of title 5, United States Code. A person who participates in the review or creation of, or provides information to a person or body that reviews or creates, a medical quality assurance record of the Department shall not be civilly liable under this section for that participation or for providing that information if the participation or provision of information was— provided in good faith based on prevailing professional standards at the time the medical quality assurance program activity took place; and made in accordance with any other applicable legal requirement, including Federal privacy laws and regulations. Nothing in this section shall be construed as limiting access to the information in a record created and maintained outside a medical quality assurance program, including the medical record of a patient, on the grounds that the information was presented during meetings of a review body that are part of a medical quality assurance program. Any person who willfully discloses a medical quality assurance record of the Department other than as provided in this section, knowing that the record is a medical quality assurance record of the Department shall be fined not more than $3,000 in the case of a first offense and not more than $20,000 in the case of a subsequent offense. The requirements of this section shall not apply to any medical quality assurance record of the Department that is created by or for the Coast Guard as part of a medical quality assurance program. Disclosure under subsection
(d)does not permit redisclosure except to the extent the further disclosure is authorized under subsection
(d)or is otherwise authorized to be disclosed under this section. This section shall continue in force and effect, except as otherwise specifically provided in any Federal law enacted after the date of enactment of this Act. Nothing in this section shall be construed to supersede the requirements of— the Health Insurance Portability and Accountability Act of 1996 ( Public Law 104–191 ; 110 Stat. 1936) and its implementing regulations; the Health Information Technology for Economic and Clinical Health Act( 42 U.S.C. 17931 et seq. ) and its implementing regulations; or sections 921 through 926 of the Public Health Service Act (42 U.S.C. 299b–21 through 299b–26) and their implementing regulations. .
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- Pub. L. 104-191
- 110 Stat. 1936
- 42 USC 299b–21
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Sec. 202
Confidentiality of medical quality assurance records
Pub. L.Pub. L. 104-191
Stat.110 Stat. 1936
Cite42 USC 299b–21
Cites 4Cited by 0 across 0 sources