SB 207-2_ Filed 02/26/2007, 10:17 Dillon

SENATE MOTION


MADAM PRESIDENT:

    I move
that Senate Bill 207 be amended to read as follows:

SOURCE: Page 2, line 7; (07)MO020702.2. -->     Page 2, line 7, delete "entity that has been certified as a patient" and insert " entity:
            (A) that certifies that it meets the criteria under 42 U.S.C. 299b-24 as a patient safety organization and whose certification has been accepted by the federal Department of Health and Human Services; or
            (B) that has been determined by the state department to satisfy the criteria in 42 U.S.C. 299b-24 for certification as a patient safety organization to a degree sufficient to enable the entity to perform the activities of an agency under this chapter; or
".
    Page 2, delete line 8.
    Page 2, line 11, delete "a certified" and insert " an".
    Page 2, line 11, delete "." and insert " as described in subdivision (1).".
    Page 2, line 40, delete "an incident" and insert " a".
    Page 3, line 5, delete "for information in an incident report that" and insert " as provided in subsections (d) and (e), the following are confidential and privileged from use as evidence in an administrative or a judicial proceeding:
        (1) Oral or written information or reports given to the agency.
        (2) Proceedings, records, deliberations, and findings of the agency.
    (b) The agency may not disclose to a person outside of the agency the contents of:
        (1) communications to the agency;
        (2) agency records; or
        (3) agency determinations;
that are generated, undertaken, or performed as a result of a report described in section 4 of this chapter or under the agreement described in section 3(a) of this chapter.
    (c) A person who has participated in an agency proceeding or deliberation may not disclose to a person outside of the agency:
        (1) matters or opinions related to the agency's proceedings or deliberations; or
        (2) the contents of any confidential or privileged information that the person obtains and that consists of information that was not provided to the agency by the person.
However, the person may disclose information that the person provided to the agency.
    (d) The agency may disclose information concerning patient safety or quality of health care matters addressed in the agreement described in section 3(a) of this chapter if the information does not disclose any of the following:
        (1) The identity of the health care facility, health care provider, or patient.
        (2) The identity of a person that provided information to the agency.
        (3) Information that could reasonably be expected to result in the identification of a health care facility, health care provider, patient, or person that has provided information to the agency.
    (e) Information or material that is confidential and privileged under this section may be used as evidence in a criminal proceeding only if the court first makes an in camera determination that the information:
        (1) is relevant to the criminal proceeding;
        (2) is material to the proceeding; and
        (3) is not reasonably available from another source.
".
    Page 3, delete lines 6 through 30.
    Page 4, line 15, delete "A" and insert " Upon approval by the health care facility's governing body, the".
    Page 4, line 17, delete "administering IC 16-40-5".
    Page 4, line 17, delete "IC 16-40-5:" and insert " patient safety or quality of health care matters in the agreement:".
    Page 4, line 26, delete "civil" and insert " judicial".
    Page 4, line 26, after "proceeding." insert " However, the agency may issue a report that is based upon information submitted or disclosed to the agency by a peer review committee if the report or any other information released does not disclose the identity of the health care facility, health care provider, or patient.".
    Page 4, delete lines 27 through 33.
    Page 4, line 34, delete "(g)" and insert " (f)".
    Page 4, line 34, delete "board" and insert " body".
    Page 4, line 38, after "without" insert " :
        (1)
".
    Page 4, line 38, delete "." and insert " ; or
        (2) waiving the confidentiality or privilege attached to the

communications, proceedings, records, or deliberations of the peer review committee.".
    (Reference is to SB 207 as printed February 23, 2007.)

________________________________________

Senator DILLON


MO020702/DI 104
2007