Section 2181.1. Confidentiality.--(a) All records, documents, data, materials and copies of records, documents, data and materials in the possession or control of the department that are produced by, obtained by or disclosed to the department under section 2181 shall be privileged and:
(1) shall not be subject to discovery or admissible in evidence in a private civil action;
(2) shall not be subject to subpoena;
(3) shall be exempt from access under the act of February 14, 2008 (P.L.6, No.3), known as the "Right-to-Know Law"; and
(4) shall not be made public by the department or any other person, except to the regulatory or law enforcement officials of other jurisdictions, without the prior written consent of the insurer or the MA or CHIP managed care plan to which the records, documents, data or materials pertain.
(b) The department or any other person that receives records, documents, data, materials and copies of records, documents, data and materials while acting under the authority of the department or with whom the records, documents, data, materials and copies of records, documents, data and materials are shared under section 2181 may not be permitted or required to testify in a private civil action concerning the records, documents, data, materials and copies of records, documents, data and materials.
(c) The department may aggregate the data it receives through the records, documents, data, materials and copies of records, documents, data and materials described in subsections (a) and (b) and release the aggregated data for the purpose of complying with section 2181(b). The aggregated data shall not include any information that could reveal the identity of covered persons, enrollees, health care providers, insurers or MA or CHIP managed care plans.
(2181.1 added Nov. 3, 2022, P.L.2068, No.146)