View all text of Subchapter VI [§ 1671 - § 1685]
§ 1675. Confidentiality of medical quality assurance records; qualified immunity for participants
(a) DefinitionsIn this section:
(1) Health care providerThe term “health care provider” means any health care professional, including community health aides and practitioners certified under section 1616l of this title, who is—
(A) granted clinical practice privileges or employed to provide health care services at—
(i) an Indian health program; or
(ii) a health program of an urban Indian organization; and
(B) licensed or certified to perform health care services by a governmental board or agency or professional health care society or organization.
(2) Medical quality assurance program
(3) Medical quality assurance recordThe term “medical quality assurance record” means the proceedings, records, minutes, and reports that—
(A) emanate from quality assurance program activities described in paragraph (2); and
(B) are produced or compiled by or for an Indian health program or urban Indian organization as part of a medical quality assurance program.
(b) Confidentiality of records
(c) Prohibition on disclosure and testimony
(1) In general
(2) Testimony
(d) Authorized disclosure and testimony
(1) In generalSubject to paragraph (2), a medical quality assurance record described in subsection (b) may be disclosed, and an individual referred to in subsection (c) may give testimony in connection with such a record, only as follows:
(A) To a Federal agency or private organization, if such medical quality assurance record or testimony is needed by such agency or organization to perform licensing or accreditation functions related to any Indian health program or to a health program of an urban Indian organization to perform monitoring, required by law, of such program or organization.
(B) To an administrative or judicial proceeding commenced by a present or former Indian health program or urban Indian organization provider concerning the termination, suspension, or limitation of clinical privileges of such health care provider.
(C) To a governmental board or agency or to a professional health care society or organization, if such medical quality assurance record or testimony is needed by such 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 an employee of any Indian health program or urban Indian organization.
(D) To a hospital, medical center, or other institution that provides health care services, if such medical quality assurance record or testimony is needed by such institution to assess the professional qualifications of any health care provider who is or was an employee of any Indian health program or urban Indian organization and who has applied for or been granted authority or employment to provide health care services in or on behalf of such program or organization.
(E) To an officer, employee, or contractor of the Indian health program or urban Indian organization that created the records or for which the records were created. If 1
1 So in original. Probably should be “were created, if”.
that officer, employee, or contractor has a need for such record or testimony to perform official duties.(F) 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 such agency or instrumentality makes a written request that such record or testimony be provided for a purpose authorized by law.
(G) In an administrative or judicial proceeding commenced by a criminal or civil law enforcement agency or instrumentality referred to in subparagraph (F), but only with respect to the subject of such proceeding.
(2) Identity of participants
(e) Disclosure for certain purposes
(1) In general
(2) Withholding from Congress
(f) Prohibition on disclosure of record or testimony
(g) Exemption from Freedom of Information Act
(h) Limitation on civil liability
(i) Application to information in certain other records
(j) Regulations
(k) Continued protection
(l) Inconsistencies
(m) Relationship to other law
(Pub. L. 94–437, title VIII, § 805, as added Pub. L. 111–148, title X, § 10221(a), Mar. 23, 2010, 124 Stat. 935.)