§1102 Confidentiality of Medical Quality Assurance Records: Qualified Immunity for Participants

Summary

Keeps medical quality assurance records made by or for the Department of Defense private and protected. Those records generally cannot be shared, used in court, or forced into testimony, except in a few specific cases. They may be given when needed for licensing, accreditation, or legally required monitoring of DoD health facilities; when a current or former DoD provider challenges a decision about their clinical privileges; to licensing boards or professional groups checking standards; to hospitals checking a provider for a job; to DoD officials who need the records for work; and to law‑enforcement agencies that make a written request or in related legal actions. Before sharing outside DoD, names of patients and others must be removed unless the person was the subject of the review or the release is under section 552a of title 5. Aggregate statistical results and records given to a House or joint Congressional committee or the Comptroller General are allowed. The records are not available under the Freedom of Information Act (section 552 of title 5). People who take part in or give information to these reviews in good faith and following professional standards are protected from civil lawsuits. Willful improper disclosure can be fined up to $3,000 for a first offense and up to $20,000 for later offenses. The Secretary of Defense must write rules to carry out these requirements. Definitions: medical quality assurance program — DoD peer review activities to check care; medical quality assurance record — the records and reports those activities make; health care provider — military or civilian clinicians with DoD privileges or licenses; peer review — professional review of care quality.