Introduced Version






HOUSE BILL No. 1249

_____


DIGEST OF INTRODUCED BILL



Citations Affected: IC 34-30-15.

Synopsis: Health care provider peer review committees. Removes provisions of the health care provider peer review statute that prohibit disclosure of the records of a peer review committee. Requires the governing board of certain health care providers to disclose the records and the final action of a peer review committee upon the request of a patient.

Effective: July 1, 2000.





Steele




    January 10, 2000, read first time and referred to Committee on Public Health.







Introduced

Second Regular Session 111th General Assembly (2000)


PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
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HOUSE BILL No. 1249



    A BILL FOR AN ACT to amend the Indiana Code concerning civil procedure.

Be it enacted by the General Assembly of the State of Indiana:

SOURCE: IC 34-30-15-1; (00)IN1249.1.1. -->     SECTION 1. IC 34-30-15-1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2000]: Sec. 1. (a) All proceedings of a peer review committee are confidential.
    (b) All communications to a peer review committee shall be privileged communications.
    (c) Neither the personnel of a peer review committee nor any participant in a committee proceeding shall reveal any content of:
        (1) communications to; or
        (2) the records of; or
        (3) the determination of;
a peer review committee outside of the peer review committee.
    (d) However, the governing board of:
        (1) a hospital;
        (2) a professional health care organization;
        (3) a preferred provider organization (including a preferred provider arrangement or reimbursement agreement under IC 27-8-11 ); or
        (4) a health maintenance organization (as defined in IC 27-13-1-19 ) or a limited service health maintenance organization(as defined in IC 27-13-34-4 );
may shall, upon the request of a patient, disclose the records of a peer review committee and the final action taken with regard to a professional health care provider without violating the provisions of this section.
SOURCE: IC 34-30-15-8; (00)IN1249.1.2. -->     SECTION 2. IC 34-30-15-8 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2000]: Sec. 8. (a) Communications to the records of, and determinations of a peer review committee may only be disclosed to:
        (1) the peer review committee of:
            (A) a hospital;
            (B) a nonprofit health care organization (described in IC 34-6-2-117 (23));
            (C) a preferred provider organization (including a preferred provider arrangement or reimbursement agreement under IC 27-8-11 );
            (D) a health maintenance organization (as defined in IC 27-13-1-19 ) or a limited service health maintenance organization (as defined in IC 27-13-34-4 ); or
            (E) another health facility;
        (2) the disciplinary authority of the professional organization of which the professional health care provider under question is a member; or
        (3) the appropriate state board of registration and licensure that the committee considers necessary for recommended disciplinary action;
and shall otherwise be kept confidential for use only within the scope of the committee's work, unless the professional health care provider has filed a prior written waiver of confidentiality with the peer review committee.
    (b) However, if a conflict exists between this section and IC 27-13-31 , the provisions of IC 27-13-31 control.
SOURCE: IC 34-30-15-9; (00)IN1249.1.3. -->     SECTION 3. IC 34-30-15-9 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2000]: Sec. 9. Except in cases of required disclosure to the professional health care provider under investigation, no records or determinations of or communications to a peer review committee shall be:
        (1) subject to subpoena or discovery; or
        (2) admissible in evidence;
in any judicial or administrative proceeding, including a proceeding

under IC 34-18-11 (or IC 27-12-11 before its repeal), without a prior waiver executed by the committee.

SOURCE: IC 34-30-15-11; (00)IN1249.1.4. -->     SECTION 4. IC 34-30-15-11 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2000]: Sec. 11. If a waiver of the privilege is executed on behalf of the peer review committee in favor of the attorney general for the purpose of conducting an investigation under IC 25-1-7 , the records of, determinations of, or communications to a peer review committee are confidential and privileged under this section, except for the attorney general's use in an investigation to identify information otherwise discoverable or admissible from original sources under section 3 of this chapter.
SOURCE: IC 34-30-15-12; (00)IN1249.1.5. -->     SECTION 5. IC 34-30-15-12 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2000]: Sec. 12. This chapter does not prevent the attorney general from obtaining by subpoena as part of an investigation under IC 25-1-7 for a violation under IC 25-1-9 :
        (1) the application for privileges or employment completed by the professional staff member under investigation regardless of whether the member is the subject of peer review committee proceedings;
        (2) except for reports prepared as part of a peer review investigation and incident reports prepared contemporaneously to document the circumstances of an accident or unusual occurrence involving a professional staff member regardless of whether the member is the subject of peer review committee proceedings; or
        (3) information otherwise discoverable from original sources, that is not the communications to, records of, or determinations of a peer review committee;
from a professional health care provider.