§ 37-2-202 — Confidentiality Of Medical Assistance Program Information -- Health Care Information

37-2-202 . Confidentiality of medical assistance program information -- health care information. (1) The proceedings and records of a medical assistance program created in chapter 3, 4, 7, 8, 12, or 18 relating to a licensee who has received or is receiving assistance from the medical assistance program:
(a) are confidential and are considered to be proceedings and records of a professional standards review committee under 37-2-201 ; and
(b) are not subject to discovery or introduction into evidence in any administrative or judicial proceeding other than a disciplinary proceeding against the licensee before the applicable licensing board. If the proceedings and records are introduced into evidence in a disciplinary proceeding, the introduced materials are public unless otherwise protected by law.
(2) Any health care information, as defined in 50-16-803 , that is maintained by a health care provider in the provision of health care services to a licensee participating in a medical assistance program provided for in chapter 3, 4, 7, 8, 12, or 18 is subject to discovery from the licensee or the health care provider and to introduction into evidence in an administrative or judicial proceeding as may otherwise be allowed by law.

Legislative History

En. Sec. 2, Ch. 122, L. 2011; amd. Sec. 3, Ch. 741, L. 2025.