§ 26.1-18.1-23 — Confidentiality of medical information and limitation of liability

North Dakota § 26.1-18.1-23

• Jurisdiction: North Dakota
• Title 26.1: Insurance
• Ch. 26.1-18.1: Health Maintenance Organizations

Text

1. Any data or information pertaining to the diagnosis, treatment, or health of any enrollee
or applicant obtained from the person or from any provider by any health maintenance
organization must be held in confidence and may not be disclosed to any person
except to the extent that it may be necessary to carry out the purposes of this chapter,
or upon the express consent of the enrollee or applicant, or pursuant to statute or court
order for the production of evidence or the discovery thereof, or in the event of claim or
litigation between the person and the health maintenance organization wherein the
data or information is pertinent. A health maintenance organization is entitled to claim
any statutory privileges against the disclosure which the provider who furnished the
information to the health maintenance organization is entitled to claim.
2. A person who, in good faith and without malice, takes any action or makes any
decision or recommendation as a member, agent, or employee of a health care review
committee or who furnishes any records, information, or assistance to such a
committee is not subject to liability for civil damages or any legal action in
consequence of the action, nor is the health maintenance organization which
established the committee or the officers, directors, employees, or agents of the health
maintenance organization liable for the activities of any person. This section may not
be construed to relieve any person of liability arising from treatment of a patient.

3. a. The information considered by a health care review committee and the records of
their actions and proceedings are confidential and not subject to subpoena or
order to produce except in proceedings before the appropriate state licensing or
certifying agency, or in an appeal, if permitted, from the committee's findings or
recommendations. No member of a health care review committee, or officer,
director, or other member of a health maintenance organization or its staff
engaged in assisting the committee, or any person assisting or furnishing
information to the committee may be subpoenaed to testify in any judicial or
quasi-judicial proceeding if the subpoena is based solely on the activities.
b. Information considered by a health care review committee and the records of its
actions and proceedings which are used pursuant to subdivision a by a state
licensing or certifying agency or in an appeal must be kept confidential and is
subject to the same provision concerning discovery and use in legal actions as
are the original information and records in the possession and control of a health
care review committee.
4. To fulfill its obligations under section 26.1-18.1-06, the health maintenance
organization shall have access to treatment records and other information pertaining to
the diagnosis, treatment, or health status of any enrollee.