Confidentiality

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  1. (a) To the extent that the data, records, reports, and documents identify or could be used to identify an individual patient, a healthcare provider, an institution, or a health plan, the data, records, reports, and documents collected or compiled by or on behalf of the Healthcare Quality and Payment Policy Advisory Committee are confidential and are not subject to disclosure under state and federal law.

  2. (b) Data, records, reports, and documents collected or compiled by or on behalf of the committee are not admissible in a legal proceeding and are exempt from discovery and disclosure to the same extent that records of and testimony before committees that evaluate the quality of medical or hospital care are exempt under § 16-46-105(a)(1).

  3. (c) A healthcare provider's use of the information in its internal operations does not operate as a waiver of the confidentiality protections under this section.

  4. (d) The committee shall treat data, records, reports, and documents in a manner consistent with state and federal privacy requirements, including without limitation the privacy requirements under the Health Insurance Portability and Accountability Act of 1996, 45 C.F.R. § 164.512(i).


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