(1) The general assembly hereby finds and declares that the implementation of
quality management functions to evaluate and improve patient and resident care is
essential to the operation of health-care facilities licensed or certified by the
department of public health and environment pursuant to section 25-1.5-103 (1)(a).
For this purpose, it is necessary that the collection of information and data by such
licensed or certified health-care facilities be reasonably unfettered so a complete
and thorough evaluation and improvement of the quality of patient and resident
care can be accomplished. To this end, quality management information relating to
the evaluation or improvement of the quality of health-care services shall be
confidential, subject to the provisions of subsection (4) of this section, and persons
performing such functions shall be granted qualified immunity. It is the intent of the
general assembly that nothing in this section revise, amend, or alter part 2 of article
30 or article 240 of title 12.
(2) For purposes of this section, a quality management program means a
program that includes quality assurance and risk management activities, the peer
review of licensed health-care professionals not otherwise provided for in part 2 of
article 30 of title 12, and other quality management functions that are described by
a facility in a quality management program approved by the department of public
health and environment. Nothing in this section shall revise, amend, or alter part 2
of article 30 or article 240 of title 12.
(3) Except as otherwise provided in this section, any records, reports, or
other information of a licensed or certified health-care facility that are part of a
quality management program designed to identify, evaluate, and reduce the risk of
patient or resident injury associated with care or to improve the quality of patient
care shall be confidential information; except that such information shall be subject
to the provisions of subsection (4) of this section.
(4) The records, reports, and other information described in subsection (3)
and subsection (5.5) of this section shall not be subject to subpoena or discoverable
or admissible as evidence in any civil or administrative proceeding. No person who
participates in the reporting, collection, evaluation, or use of such quality
management information with regard to a specific circumstance shall testify
thereon in any civil or administrative proceeding. However, this subsection (4) shall
not apply to:
(a) Any civil or administrative proceeding, inspection, or investigation as
otherwise provided by law by the department of public health and environment or
other appropriate regulatory agency having jurisdiction for disciplinary or licensing
sanctions;
(b) Persons giving testimony concerning facts of which they have personal
knowledge acquired independently of the quality management information
program or function;
(c) The availability, as provided by law or the rules of civil procedure, of
factual information relating solely to the individual in interest in a civil suit by such
person, next friend or legal representative. In no event shall such factual
information include opinions or evaluations performed as a part of the quality
management program.
(d) Persons giving testimony concerning an act or omission which they have
observed or in which they participated, notwithstanding any participation by them in
the quality management program;
(e) Persons giving testimony concerning facts they have recorded in a
medical record relating solely to the individual in interest in a civil suit by such
person.
(5) Nothing in this section shall affect the voluntary release of any quality
management record or information by a health-care facility; except that no patient-identifying information shall be released without the patient's consent.
(5.5) (a) The confidentiality of information provided for in this section shall in
no way be impaired or otherwise adversely affected solely by reason of the
submission of the information to a nongovernmental entity to conduct studies that
evaluate, develop, and analyze information about health-care operations, practices,
or any other function of health-care facilities. The records, reports, and other
information collected or developed by a nongovernmental entity shall remain
protected as provided in subsections (3) and (4) of this section. In order to
adequately protect the confidentiality of such information, no findings, conclusions,
or recommendations contained in such studies conducted by any such
nongovernmental entity shall be deemed to establish a standard of care for health-care facilities.
(b) For purposes of this subsection (5.5), health-care facility includes a
carrier as defined in section 10-16-102 (8), C.R.S., and a health-care practitioner
licensed or certified pursuant to title 12, C.R.S.
(6) Any person who in good faith and within the scope of the functions of a
quality management program participates in the reporting, collection, evaluation, or
use of quality management information or performs other functions as part of a
quality management program with regard to a specific circumstance shall be
immune from suit in any civil action based on such functions brought by a health-care provider or person to whom the quality information pertains. In no event shall
this immunity apply to any negligent or intentional act or omission in the provision
of care.
(7) and (8) (Deleted by amendment, L. 97, p. 507, � 2, effective April 24,
1997.)
(9) Nothing in this section shall be construed to limit any statutory or
common law privilege, confidentiality, or immunity.
(10) Nothing in this section shall revise, amend, or alter the requirements of
section 25-3-107.
(11) (Deleted by amendment, L. 97, p. 507, � 2, effective April 24, 1997.)
(12) Nothing in this section shall affect a person's access to his medical
record as provided in section 25-1-801, nor shall it affect the right of any family
member or any other person to obtain medical record information upon the consent
of the patient or his authorized representative.