14feb02...2368h

4/18/02 3559s

2002 SESSION

01-2386

01/09

HOUSE BILL 1390

COMMITTEE: Judiciary

ANALYSIS

This bill clarifies the confidentiality of quality assurance information.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

14feb02...2368h

4/18/02 3559s

01-2386

01/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Two

Be it Enacted by the Senate and House of Representatives in General Court convened:

221:1 Proceedings of Hospital Committees; Quality Assurance Program; Confidentiality. Amend RSA 151:13-a, II to read as follows:

II. Records of a hospital committee organized to evaluate matters relating to the care and treatment of patients or to reduce morbidity and mortality and testimony by hospital trustees, medical staff, employees, or other committee attendees relating to activities of the quality assurance committee shall be confidential and privileged and shall be protected from direct or indirect means of discovery, subpoena, or admission into evidence in any judicial or administrative proceeding[, except that in the case of a legal action brought by a quality assurance committee to revoke or restrict a physician's license or hospital staff privileges, or in a proceeding alleging repetitive malicious action and personal injury brought against a physician, a committee's records shall be discoverable]. However, information, documents, or records otherwise available from original sources are not to be construed as immune from discovery or use in any such civil or administrative action merely because they were presented to a quality assurance program, and any person who supplies information or testifies as part of a quality assurance program, or who is a member of a quality assurance program committee, may not be prevented from testifying as to matters within his or her knowledge, but such witness may not be asked about his or her testimony before such program, or opinions formed by him or her, as a result of committee participation. Further, a program's records shall be discoverable in either of the following cases:

(a) A judicial or administrative proceeding brought by a quality assurance committee to revoke or restrict the license, certification, or privileges of a physician or hospital staff member; or

(b) A proceeding alleging repetitive malicious action and personal injury brought against a physician or hospital staff member.

221:2 Proceedings of Home Health Care Provider Quality Assurance Program; Confidentiality. Amend RSA 151:13-b, II to read as follows:

II. Records of a quality assurance program, including those of its functional components and committees, as defined by the home health care provider's quality assurance plans, and testimony by persons participating in or appearing before the quality assurance program or its functional components or committees, relating to the activities of the quality assurance program shall be confidential and privileged and shall be protected from direct or indirect means of discovery, subpoena, or admission into evidence in any judicial or administrative proceeding. However, information, documents, or records otherwise available from original sources are not to be construed as immune from discovery or use in any such civil or administrative action merely because they were presented to a quality assurance program, and any person who supplies information or testifies as part of a quality assurance program, or who is a member of a quality assurance program committee, may not be prevented from testifying as to matters within his or her knowledge, but such witness may not be asked about his or her testimony before such program, or opinions formed by him or her, as a result of committee participation. Further, a program's records shall be discoverable in either of the following cases:

(a) A legal action brought by a home health care provider to revoke or restrict a staff member's license or certification; or

(b) A proceeding alleging repetitive malicious action and personal injury brought against a staff member.

221:3 Proceedings of Quality Assurance Program; Nursing Homes; Confidentiality. Amend RSA 151-A:16, II to read as follows:

II. Records of a nursing home's quality assurance program, including those of its functional components and committees as defined by the nursing home's quality assurance plans, organized to evaluate matters relating to the care and treatment of patients and to improve the quality of care provided and testimony by members on the board of directors of the nursing home, medical and clinical staff, employees, or the committee attendees relating to activities of the quality assurance program shall be confidential and privileged and shall be protected from direct or indirect means of discovery, subpoena, or admission into evidence in any judicial or administrative proceeding. [However, in the case of legal action brought by a nursing home, or its quality assurance program, or its board of directors, to revoke or restrict a staff member's license, certification, or nursing home privileges, or in a proceeding alleging repetitive malicious action and personal injury brought against a staff member, a nursing home's records shall be discoverable.] However, information, documents, or records otherwise available from original sources are not to be construed as immune from discovery or use in any such civil or administrative action merely because they were presented to a quality assurance program, and any person who supplies information or testifies as part of a quality assurance program, or who is a member of a quality assurance program committee, may not be prevented from testifying as to matters within his or her knowledge, but such witness may not be asked about his or her testimony before such program, or opinions formed by him or her, as a result of committee participation. Further, a program's records shall be discoverable in either of the following cases:

(a) A judicial or administrative proceeding brought by a nursing home, its quality assurance program, or its board of directors, to revoke or restrict the license or certification of a staff member; or

(b) A proceeding alleging repetitive malicious action and personal injury brought against a staff member.

221:4 Proceedings of Quality Assurance Program; Ambulatory Surgical Facilities; Confidentiality. Amend RSA 151-D:2, I to read as follows:

I. Records of an ambulatory care clinic's quality assurance program, including those of its functional components and committees as defined by the organization's quality assurance plans, organized to evaluate matters relating to the care and treatment of patients and to improve the quality of care provided, and testimony by members on the board of directors of the ambulatory care clinic, medical and clinical staff, employees, or other committee attendees relating to activities of the quality assurance program shall be confidential and privileged and shall be protected from direct or indirect means of discovery, subpoena, or admission into evidence in any judicial or administrative proceeding. [However, in the case of a legal action brought by an ambulatory care clinic, its quality assurance program, or its board of directors, to revoke or restrict a physician's or staff member's license, certification, or ambulatory care clinic privileges, or in a proceeding alleging repetitive malicious action and personal injury brought against a physician, an ambulatory care clinic's record shall be discoverable.] However, information, documents, or records otherwise available from original sources are not to be construed as immune from discovery or use in any such civil or administrative action merely because they were presented to a quality assurance program, and any person who supplies information or testifies as part of a quality assurance program, or who is a member of a quality assurance program committee, may not be prevented from testifying as to matters within his or her knowledge, but such witness may not be asked about his or her testimony before such program, or opinions formed by him or her, as a result of committee participation. Further, a program's records shall be discoverable in either of the following cases:

(a) A judicial or administrative proceeding brought by an ambulatory care clinic, its quality assurance program, or its board of directors, to revoke or restrict the license, certification, or privileges of a physician or staff member; or

(b) A proceeding alleging repetitive malicious action and personal injury brought against a physician or staff member.

221:5 Proceedings of Quality Assurance Program; Community Mental Health Program; Confidentiality. Amend RSA 135-C:63-a, II to read as follows:

II. Except as provided under RSA 135-C:5, II, records of a community mental health program's quality assurance program, including those of its functional components and committees as defined by the organization's quality assurance plans, organized to evaluate matters relating to the care and treatment of patients and to improve the quality of care provided and testimony by members on the board of directors of the community mental health program, medical and clinical staff, employees, or other committee attendees relating to activities of the quality assurance program shall be confidential and privileged and shall be protected from direct or indirect means of discovery, subpoena, or admission into evidence in any judicial or administrative proceeding. [However, in the case of a legal action brought by a community mental health program, its quality assurance program, or its board of directors, to revoke or restrict a staff member's license, certification, or community mental health program privileges, or in a proceeding alleging repetitive malicious action and personal injury brought against a staff member, a program's records shall be discoverable.] However, information, documents, or records otherwise available from original sources are not to be construed as immune from discovery or use in any such civil or administrative action merely because they were presented to a quality assurance program, and any person who supplies information or testifies as part of a quality assurance program, or who is a member of a quality assurance program committee, may not be prevented from testifying as to matters within his or her knowledge, but such witness may not be asked about his or her testimony before such program, or opinions formed by him or her, as a result of committee participation. Further, a program's records shall be discoverable in either of the following cases:

(a) A judicial or administrative proceeding brought by a community mental health program, its quality assurance program, or its board of directors to revoke or restrict the license or certification of a staff member; or

(b) A proceeding alleging repetitive malicious action and personal injury brought against a staff member.

221:6 Effective Date. This act shall take effect January 1, 2003.

(Approved: May 17, 2002)

(Effective Date: January 1, 2003)