Proceedings and records confidential

1. Law
2. Arkansas Code
3. Public Health and Welfare
4. Health and Safety
5. Long-Term Care Facilities and Services
6. Long-Term Care Quality Assurance
7. Proceedings and records confidential

1. (a)

   1. (1) A long-term care facility may appoint members to serve as a duly appointed quality assurance committee in which individuals from various disciplines meet as a committee to:

      1. (A) Ensure that current practice standards are maintained;

      2. (B) Prevent deviations from care practices to the extent possible;

      3. (C) Track, trend, and identify care concerns; and

      4. (D) Correct inappropriate care processes.

   2. (2)

      1. (A) The proceedings of and records that are created by or for the quality assurance committee of a long-term care facility are not subject to discovery or introduction into evidence in a civil action against a provider of professional health services arising out of the matters that are subject to evaluation and review by the quality assurance committee.

      2. (B) Appointments to the quality assurance committee and the dates of the meetings shall be documented and maintained.

   3. (3)

      1. (A) A long-term care facility may retain a professional consultant to assist the quality assurance committee in studying quality-of-care concerns.

      2. (B) Any oral or written reports of the consultants to the quality assurance committee are privileged and not subject to discovery or introduction into evidence in a civil action against a provider of professional health services.

      3. (C) Oral or written communications privileged under this section may be used by the consultant without waiver of the privilege.

   4. (4) A person who was in attendance at a meeting of the quality assurance committee shall not be permitted or required to testify in a civil action as to the following:

      1. (A) Evidence or other matters produced or presented during the proceedings of the quality assurance committee; or

      2. (B) Findings, recommendations, evaluations, opinions, or other actions of the quality assurance committee or any members of the quality assurance committee made or taken in the quality assurance role.

2. (b)

   1. (1) This section does not apply to or affect the discovery or admissibility into evidence in a civil proceeding of the following records:

      1. (A) Records or reports made in the regular course of business by a long-term care facility or other healthcare provider that are not created by or for the quality assurance committee;

      2. (B) Records or reports otherwise available from original sources, including without limitation the medical record of specific residents;

      3. (C) Records or reports required to be kept by applicable law, rule, or regulation that are not created by or for the quality assurance committee;

      4. (D) Incident and accident reports;

      5. (E) The long-term care facility's operating budgets; or

      6. (F) Records of the quality assurance committee's meeting dates.

   2. (2) Without waiving any privilege, appointments to the quality assurance committee are available to the Attorney General's Medicaid Fraud Control Unit.

   3. (3) A person who testifies before the quality assurance committee or who is a member of the quality assurance committee shall not be prevented from testifying as to matters within his or her knowledge, but the witness shall not be asked about his or her testimony before the quality assurance committee or about opinions formed by him or her as a result of the committee hearings.

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