146.38 Health care services review; confidentiality of information.
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146.38 Health care services review; confidentiality of information.
(1)In this section:
(a)“Evaluator” means a medical director or a registered nurse who coordinates review of an emergency medical services program of a health care provider.
(b)“Health care provider” means any of the following:
1. A person specified in s. 146.81
(a)to
(hp),
(r), or
(s).
2. A facility, association, or business entity, as specified in s. 146.81
(i)to
(q)and including a residential care apartment complex, as defined in s. 50.01
(6d).
3. A person working under the supervision of or in collaboration with a person specified in subd. 1.
4. A parent, subsidiary, or affiliate organization of a facility, association, or business entity, as specified in subd. 2.
(bm)“Incident or occurrence report” means a written or oral statement that is made to notify a person, organization, or an evaluator who reviews or evaluates the services of health care providers or charges for such services of an incident, practice, or other situation that becomes the subject of such a review or evaluation.
(c)“Medical director” has the meaning specified in s. 256.01
(11).
(1m)No person who participates in the review or evaluation of the services of health care providers or charges for such services may disclose an incident or occurrence report or any information acquired in connection with such review or evaluation except as provided in sub.
(3)or
(3m).
(2)All persons, organizations, or evaluators, whether from one or more entities, who review or evaluate the services of health care providers in order to help improve the quality of health care, to avoid improper utilization of the services of health care providers, or to determine the reasonable charges for such services shall keep a record of their investigations, inquiries, proceedings and conclusions. No such record may be released to any person under s. 804.10
(4)or otherwise except as provided in sub.
(3)or
(3m). No such record may be used in any civil or criminal action against the health care provider or any other health care provider; however, except for incident or occurrence reports or records from other persons, organizations, or evaluators reviewing or evaluating health care providers, information, documents or records presented during the review or evaluation may not be construed as immune from discovery under s. 804.10
(4)or use in any civil or criminal action merely because they were so presented. Any person who testifies during or participates in the review or evaluation may testify in any civil or criminal action as to matters within his or her knowledge, but may not testify as to information obtained through his or her participation in the review or evaluation, nor as to any conclusion of such review or evaluation.
(2m)An incident or occurrence report may not be used in any civil or criminal action against a health care provider.