§ 34-30-15-1 — Confidentiality; peer review committee proceedings

Indiana § 34-30-15-1

• Jurisdiction: Indiana
• Title 34: CIVIL LAW AND PROCEDURE
• Art. 30: IMMUNITY FROM CIVIL LIABILITY
• Ch. 15: Health Care: Privileged Communications of Health

Text

(a) All proceedings of a peer review
committee are confidential.
(b) All communications to a peer review committee shall be
privileged communications.
(c) Neither the personnel of a peer review committee nor any
participant in a committee proceeding shall reveal any content of:
(1) communications to;
(2) the records of; or
(3) the determination of;
a peer review committee outside of the peer review committee.
(d) However, the governing board of:
(1) a hospital;
(2) a professional health care organization;
(3) a preferred provider organization (including a preferred
provider arrangement or reimbursement agreement under IC 27-8-11); or
(4) a health maintenance organization (as defined in IC 27-13-1-19) or a limited service health maintenance organization
(as defined in IC 27-13-34-4);
may disclose the final action taken with regard to a professional health
care provider without violating the provisions of this section.
(e) Upon approval by the health care facility's governing body, the
peer review committee of a health care facility (as defined in IC 16-40-5-2, expired) may submit or disclose to the agency (as defined
in IC 16-40-5-1, expired) the following for purposes of patient safety
or quality of health care matters under IC 16-40-5 (expired):
(1) Communications to the peer review committee.
(2) Peer review committee proceedings.
(3) Peer review committee records.
(4) Determinations by the peer review committee.
Information and materials submitted or disclosed to the agency under
this subsection are confidential and privileged from use as evidence in
an administrative or judicial proceeding, and notwithstanding IC 16-40-5 (expired) the agency may not release the information or
material outside the agency. However, the agency may issue a report
that is based upon information or materials submitted or disclosed to
the agency by a peer review committee if the report or any other
information issued does not disclose the identity of the health care
facility, health care provider, or patient. Information and materials may
be submitted or disclosed to the agency under this subsection without
violating this section or waiving the confidentiality and privilege
attached to the communications, proceedings, records, determinations,
or deliberations of the peer review committee.
(f) Upon its determination, the governing body of a hospital may
report, as part of the hospital's quality assessment and improvement
program, a determination of a peer review committee of the hospital
regarding an adverse event concerning patient care to the Indiana
department of health or another state agency without:
(1) violating this section; or
(2) waiving the confidentiality and privilege attached to the
communications, proceedings, records, determinations, or
deliberations of the peer review committee.
[Pre-1998 Recodification Citation: 34-4-12.6-2(a).]

Legislative History

As added by P.L.1-1998, SEC.26. Amended by P.L.101-2007, SEC.4; P.L.42-2011, SEC.71; P.L.56-2023, SEC.317.