§ 26-34-130 — Confidentiality of medical information

Wyoming § 26-34-130

• Jurisdiction: Wyoming
• Title 26: Insurance Code
• Ch. 34: HEALTH MAINTENANCE ORGANIZATIONS

Text

(a) Any data or information pertaining to the diagnosis,
treatment or health of any enrollee or applicant obtained from
that person or from any provider by any health maintenance
organization shall be held in confidence and shall not be
disclosed to any person except:
(i) To the extent that it may be necessary to carry
out the purposes of this chapter;
(ii) Upon the express consent of the enrollee or
applicant;
(iii) Pursuant to statute or court order for the
production of evidence or the discovery thereof; or
(iv) In case of claim or litigation between the
person and the health maintenance organization wherein the data
or information is pertinent.
(b) A health maintenance organization is entitled to claim
any statutory privileges against such disclosure which the
provider who furnished the information to the health maintenance
organization is entitled to claim.
(c) 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 shall not be subject to liability for civil damages or
any legal action in consequence of that action, nor shall the
health maintenance organization which established such a
committee or the officers, directors, employees or agents of the
health maintenance organization be liable for the activities of
any such person. This section shall not be construed to relieve
any person of liability arising from treatment of a patient.
(d) The information considered by a health care review
committee and the records of its actions and proceedings shall
be 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. The information shall
not be shared pursuant to W.S. 26-2-113(d). 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 such committee, or any person assisting or
furnishing information to such committee may be subpoenaed to
testify in any judicial or quasi-judicial proceeding if the
subpoena is based solely on such activities. Information
considered by a health care review committee and the records of
its actions and proceedings which are used pursuant to this
subsection by a state licensing or certifying agency or in an
appeal shall be kept confidential and shall be 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.
(e) To fulfill its obligations under W.S. 26-34-108, the
health maintenance organization shall have access to treatment
records and other information pertaining to the diagnosis,
treatment or health status of any enrollee.