Md. Code Regs. 10.11.06.13

Current through Register Vol. 51, No. 25, December 13, 2024

Section 10.11.06.13 - Confidentiality of Records and Information

A. The following shall be held confidential and may not be released to a person except as provided in this chapter:

(1) Records and information received by the Committee, FIMR team, or other MMQR team;

(2) Documents produced in the case review process; and

(3) Minutes of meetings of the Committee, FIMR team, or other MMQR team.

B. Information and records obtained by the Committee, a FIMR team, or other MMQR team are exempt from disclosure under General Provisions Article, Title 4, Annotated Code of Maryland.

C. The Committee, a FIMR team, or other MMQR team may not discuss, disclose, or use information for purposes other than as necessary to carry out the Committee's, FIMR team's, or other MMQR team's duties and purposes under this chapter.

D. Information that is disclosed to the public by the Committee, FIMR team, or other MMQR team shall be de-identified and may not contain information that would permit the identification of an individual, a health care provider, or a health care facility.

E. The Committee, a FIMR team, or other MMQR team may release specific findings that relate to aggregate data as well as recommendations made by the Committee, FIMR team, or other MMQR team to prevent and reduce morbidity and mortality, and this information shall be public record.

F. The Committee, FIMR team, other MMQR team, or their staff shall maintain the confidentiality of information used or addressed at meetings.

G. A person in attendance at a meeting of the Committee, a FIMR team, or other MMQR team may not testify or be required to testify as to what transpired at that part of the meeting that is closed under General Provisions Article, Title 3, Subtitle 3, Annotated Code of Maryland.

H. A member of the Committee, FIMR team, other MMQR team, their staff, or invitees may not be questioned in a civil or criminal proceeding regarding information presented at or opinions formed as a result of a closed Committee, FIMR team, or other MMQR team meeting.

I. A member of the Committee, FIMR team, other MMQR team, their staff, or invitees, may testify in a civil or criminal proceeding to information that is:

(1) Obtained independent of the Committee, FIMR team, or other MMQR team; and

(2) Publicly available, except as otherwise provided by law.

J. Information, documents, and records of the Committee, a FIMR team, or other MMQR team are not subject , in a civil or criminal proceeding, to:

(1) Subpoena;

(2) Discovery; or

(3) Introduction as evidence.

K. Information, documents, and records obtained by the Committee, a FIMR team, or other MMQR team that are available from other sources may be subject , as provided by applicable law, to:

(1) Subpoena;

(2) Discovery; or

(3) Introduction into evidence.

L. A person may not be held liable for civil damages or subject to a criminal or disciplinary action for good faith efforts made to comply with the provisions of this chapter.

Md. Code Regs. 10.11.06.13

Regulations .13 amended effective 45:8 Md. R. 421, eff. 4/23/2018