PUBLIC LAW 109–41—JULY 29, 2005
119 STAT. 427
‘‘SEC. 922. PRIVILEGE AND CONFIDENTIALITY PROTECTIONS.
42 USC 299b–22.
‘‘(a) PRIVILEGE.—Notwithstanding any other provision of Federal, State, or local law, and subject to subsection (c), patient safety work product shall be privileged and shall not be— ‘‘(1) subject to a Federal, State, or local civil, criminal, or administrative subpoena or order, including in a Federal, State, or local civil or administrative disciplinary proceeding against a provider; ‘‘(2) subject to discovery in connection with a Federal, State, or local civil, criminal, or administrative proceeding, including in a Federal, State, or local civil or administrative disciplinary proceeding against a provider; ‘‘(3) subject to disclosure pursuant to section 552 of title 5, United States Code (commonly known as the Freedom of Information Act) or any other similar Federal, State, or local law; ‘‘(4) admitted as evidence in any Federal, State, or local governmental civil proceeding, criminal proceeding, administrative rulemaking proceeding, or administrative adjudicatory proceeding, including any such proceeding against a provider; or ‘‘(5) admitted in a professional disciplinary proceeding of a professional disciplinary body established or specifically authorized under State law. ‘‘(b) CONFIDENTIALITY OF PATIENT SAFETY WORK PRODUCT.— Notwithstanding any other provision of Federal, State, or local law, and subject to subsection (c), patient safety work product shall be confidential and shall not be disclosed. ‘‘(c) EXCEPTIONS.—Except as provided in subsection (g)(3)— ‘‘(1) EXCEPTIONS FROM PRIVILEGE AND CONFIDENTIALITY.— Subsections (a) and (b) shall not apply to (and shall not be construed to prohibit) one or more of the following disclosures: ‘‘(A) Disclosure of relevant patient safety work product for use in a criminal proceeding, but only after a court makes an in camera determination that such patient safety work product contains evidence of a criminal act and that such patient safety work product is material to the proceeding and not reasonably available from any other source. ‘‘(B) Disclosure of patient safety work product to the extent required to carry out subsection (f)(4)(A). ‘‘(C) Disclosure of identifiable patient safety work product if authorized by each provider identified in such work product. ‘‘(2) EXCEPTIONS FROM CONFIDENTIALITY.—Subsection (b) shall not apply to (and shall not be construed to prohibit) one or more of the following disclosures: ‘‘(A) Disclosure of patient safety work product to carry out patient safety activities. ‘‘(B) Disclosure of nonidentifiable patient safety work product. ‘‘(C) Disclosure of patient safety work product to grantees, contractors, or other entities carrying out research, evaluation, or demonstration projects authorized, funded, certified, or otherwise sanctioned by rule or other means by the Secretary, for the purpose of conducting research to the extent that disclosure of protected health information would be allowed for such purpose under the HIPAA confidentiality regulations.
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