2003 Legislation
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SENATE BILL NO. 1102 – Hospitals, records

SENATE BILL NO. 1102

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S1102aa...............................................by HEALTH AND WELFARE
HOSPITALS - RECORDS - Amends, repeals and adds to existing law relating to
hospital license and inspection; to define terms; to revise provisions
relating to confidential records, civil liability, immunity and peer review
records of health care organizations; to delete a section relating to
notification of disciplinary action; to provide for notification of
professional review action imposed upon a physician; to provide that no
physician or surgeon shall report certain information relating to peer
review records; and to provide that health care organizations shall not be
relieved of certain notification obligations.
                                                                        
02/10    Senate intro - 1st rdg - to printing
02/11    Rpt prt - to Health/Wel
02/26    Rpt out - to 14th Ord
03/04    Rpt out amen - to engros
03/05    Rpt engros - 1st rdg - to 2nd rdg as amen
03/06    2nd rdg - to 3rd rdg as amen
03/10    3rd rdg as amen - PASSED - 33-0-2
      AYES -- Andreason, Bailey, Brandt, Burkett, Burtenshaw, Calabretta,
      Cameron, Compton, Darrington, Davis, Gannon, Geddes, Goedde, Hill,
      Ingram, Kennedy, Keough, Little, Lodge, Malepeai, Marley, McKenzie,
      McWilliams, Noh, Pearce, Richardson, Schroeder, Sorensen, Stegner,
      Stennett, Sweet, Werk, Williams
      NAYS -- None
      Absent and excused -- Bunderson, Noble
    Floor Sponsor - Darrington
    Title apvd - to House
03/11    House intro - 1st rdg - to Health/Wel
03/21    Rpt out - rec d/p - to 2nd rdg
03/24    2nd rdg - to 3rd rdg
03/28    3rd rdg - PASSED - 69-0-1
      AYES -- Andersen, Barraclough, Barrett, Bauer, Bedke, Bell, Black,
      Block, Boe, Bolz, Bradford, Campbell, Cannon, Clark, Collins, Crow,
      Cuddy, Deal, Denney, Douglas, Eberle, Edmunson, Ellsworth, Eskridge,
      Field(18), Field(23), Gagner, Garrett, Harwood, Henbest(Bray),
      Jaquet, Jones, Kellogg, Kulczyk, Lake, Langford, Langhorst, Martinez,
      McGeachin, McKague, Meyer, Miller, Mitchell, Moyle, Nacarrato,
      Nielsen, Raybould, Ridinger, Ring, Ringo, Roberts, Robison, Rydalch,
      Sali, Sayler, Schaefer, Shepherd, Shirley, Skippen, Smith(30),
      Smith(24), Smylie, Snodgrass, Stevenson, Tilman, Trail, Wills, Wood,
      Mr. Speaker
      NAYS -- None
      Absent and excused -- Bieter
    Floor Sponsor - Garrett
    Title apvd - to Senate
03/31    To enrol
04/01    Rpt enrol - Pres signed
04/02    Sp signed
04/03    To Governor
04/08    Governor signed
         Session Law Chapter 244
         Effective: 07/01/03

Bill Text


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-seventh Legislature                 First Regular Session - 2003
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                                    SENATE BILL NO. 1102
                                                                        
                              BY HEALTH AND WELFARE COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO HOSPITAL LICENSES AND INSPECTION; AMENDING SECTION 39-1392a, IDAHO
  3        CODE, TO DEFINE TERMS AND  TO  MAKE  TECHNICAL  AND  GRAMMATICAL  CHANGES;
  4        AMENDING  SECTION  39-1392b,  IDAHO CODE, TO REVISE PROVISIONS RELATING TO
  5        CONFIDENTIAL AND PRIVILEGED  RECORDS;  AMENDING  SECTION  39-1392c,  IDAHO
  6        CODE,  TO REVISE PROVISIONS RELATING TO CIVIL LIABILITY IMMUNITY; AMENDING
  7        SECTION 39-1392d, IDAHO CODE, TO REVISE PROVISIONS RELATING TO PEER REVIEW
  8        RECORDS OF HEALTH CARE ORGANIZATIONS AND TO PROVIDE REFERENCES TO  PATIENT
  9        CARE RECORDS; REPEALING SECTION 39-1393, IDAHO CODE, RELATING TO NOTIFICA-
 10        TION OF DISCIPLINARY ACTION IMPOSED UPON A PHYSICIAN; AMENDING CHAPTER 13,
 11        TITLE  39,  IDAHO  CODE,  BY  THE ADDITION OF A NEW SECTION 39-1393, IDAHO
 12        CODE, TO PROVIDE FOR NOTIFICATION OF PROFESSIONAL  REVIEW  ACTION  IMPOSED
 13        UPON  A  PHYSICIAN; AND AMENDING SECTION 54-1818, IDAHO CODE, TO PROVIDE A
 14        CORRECT CODE REFERENCE AND TO PROVIDE THAT NO PHYSICIAN OR  SURGEON  SHALL
 15        REPORT  CERTAIN INFORMATION RELATING TO PEER REVIEW RECORDS AND TO PROVIDE
 16        THAT HEALTH CARE ORGANIZATIONS SHALL NOT BE RELIEVED OF CERTAIN  NOTIFICA-
 17        TION OBLIGATIONS.
                                                                        
 18    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 19        SECTION  1.  That Section 39-1392a, Idaho Code, be, and the same is hereby
 20    amended to read as follows:
                                                                        
 21        39-1392a.  DEFINITIONS. The following terms shall have the following mean-
 22    ings when used in this section:
 23        (a1)  "Group medical practice" means a partnership,  corporation,  limited
 24    liability  company,  or  other  association formed for the purpose of offering
 25    health care services through physicians and other licensed or otherwise autho-
 26    rized health care providers who are partners, shareholders,  members,  employ-
 27    ees, or contractors of such group medical practice.
 28        (b2)  "Health  care  organization"  means  a hospital, in-hospital medical
 29    staff committee, medical society, managed care organization, or group  medical
 30    practice.
 31        (c3)  "Hospital"  shall  means a facility in Idaho licensed under sections
 32    39-1301 through 39-1314, Idaho Code, and  defined  in  section  39-1301(a)(1),
 33    Idaho Code.
 34        (d4)  "In-hospital  medical  staff  committees" shall means any individual
 35    doctor who is a hospital staff member, or any hospital employee, or any  group
 36    of such doctors and/or hospital employees, who are duly designated a committee
 37    by  hospital  staff  bylaws,  by  action of an organized hospital staff, or by
 38    action of the board of directors of a hospital, and which committee is  autho-
 39    rized  by  said  bylaws,  staff  or board of directors, to conduct research or
 40    study of hospital patient cases, or of medical  questions  or  problems  using
 41    data and information from hospital patient cases.
 42        (e5)  "Managed  care  organization"  means  a  public or private person or
 43    organization which offers a managed care plan.
                                                                        
                                           2
                                                                        
  1        (f6)  "Managed care plan" means a contract of coverage given to  an  indi-
  2    vidual,  family  or group of covered individuals pursuant to which a member is
  3    entitled to receive a defined set of health care benefits through an organized
  4    system of health care providers in  exchange  for  defined  consideration  and
  5    which requires the member to use, or creates financial incentives for the mem-
  6    ber  to  use,  health care providers owned, managed, employed by or under con-
  7    tract with the managed care organization.
  8        (g7)  "Medical society" shall means any duly constituted,  authorized  and
  9    recognized  professional  society  or entity made up of physicians licensed to
 10    practice medicine in Idaho, having as its  purpose  the  maintenance  of  high
 11    quality  in  the  standards  of health care provided in Idaho or any region or
 12    segment of the state, operating with the approval of the Idaho state board  of
 13    medicine, or any official committee appointed by the Idaho state board of med-
 14    icine.
 15        (8)  "Patient care records" means written or otherwise recorded, preserved
 16    and  maintained  records  of  the medical or surgical diagnostic, clinical, or
 17    therapeutic care of any patient treated by or under the direction of  licensed
 18    professional  personnel in every health care organization subject to this act,
 19    whether as an in-patient or out-patient of the health care organization.
 20        (9)  "Peer review" means the collection, interpretation  and  analysis  of
 21    data  by a health care organization for the purpose of bettering the system of
 22    delivery of health care or to improve the  provision  of  health  care  or  to
 23    otherwise  reduce  patient  morbidity and mortality and improve the quality of
 24    patient care. Peer review activities by a health  care  organization  include,
 25    without limitation:
 26        (a)  Credentialing, privileging or affiliating of health care providers as
 27        members of, or providers for, a health care organization;
 28        (b)  Quality  assurance and improvement, patient safety investigations and
 29        analysis, patient adverse outcome reviews,  and  root-cause  analysis  and
 30        investigation activities by a health care organization; and
 31        (c)  Professional  review action, meaning an action or recommendation of a
 32        health care organization which is taken or made in  the  conduct  of  peer
 33        review,  that  is  based  on  the competence or professional conduct of an
 34        individual  physician  where  such  conduct  adversely  affects  or  could
 35        adversely affect the health or welfare of a  patient  or  the  physician's
 36        privileges, employment or membership in the health care organization.
 37        (10) "Peer  review  records"  means  all  evidence of interviews, reports,
 38    statements, minutes, memoranda, notes, investigative graphs  and  compilations
 39    and  the  contents thereof, and all physical materials relating to peer review
 40    of any health care organization.  "Peer  review  records"  does  not  mean  or
 41    include  patient  care records; provided however, that the records relating to
 42    the identification of which particular patient care records were selected for,
 43    or reviewed, examined or discussed in peer review by a health  care  organiza-
 44    tion  and  the methodology used for selecting such records shall be considered
 45    peer review records.
                                                                        
 46        SECTION 2.  That Section 39-1392b, Idaho Code, be, and the same is  hereby
 47    amended to read as follows:
                                                                        
 48        39-1392b.  RECORDS CONFIDENTIAL AND PRIVILEGED. Except as provided in sec-
 49    tion  39-1392e,  Idaho  Code,  all written records of interviews, all reports,
 50    statements, minutes, memoranda, charts, and  the  contents  thereof,  and  all
 51    physical  materials  relating  to research, discipline or medical study of any
 52    health care organization, for the purposes set forth in section 39-1392, Idaho
 53    Code, peer review records shall be confidential and privileged, and shall  not
                                                                        
                                           3
                                                                        
  1    be  directly  or indirectly subject to subpoena or discovery proceedings or be
  2    admitted as evidence, nor shall testimony relating thereto be admitted in evi-
  3    dence, or in any action of any kind in any court or before any  administrative
  4    body, agency or person for any purpose whatsoever.; provided further nNo order
  5    of  censure,  suspension  or  revocation of licensure or hospital  health care
  6    organization privilege of any physician licensed to practice medicine in Idaho
  7    shall be admissible in any civil proceeding seeking  damages  or  other  civil
  8    relief against the physician or hospital health care organization which may be
  9    a  party  defendant in said cause.; provided, hHowever, this section shall not
 10    prohibit or otherwise affect the use of said documents, materials or testimony
 11    in health care organization proceedings, nor shall it  prohibit  or  otherwise
 12    affect  the  dissemination,  for medical purposes, of information contained in
 13    such documents or materials or the conclusions and  findings  of  such  health
 14    care  organization., and provided further, that tThis section shall not affect
 15    the admissibility in evidence in any action or proceeding of any original med-
 16    ical records the patient care records of any patient.
                                                                        
 17        SECTION 3.  That Section 39-1392c, Idaho Code, be, and the same is  hereby
 18    amended to read as follows:
                                                                        
 19        39-1392c.  IMMUNITY FROM CIVIL LIABILITY. The furnishing of information or
 20    provision  of  opinions to any health care organization, as herein defined, or
 21    their authorized representatives or investigators, or the receiving and use of
 22    such information and opinions shall not subject any person, hospital,  managed
 23    care  organization,  sanitarium, nursing or rest home health care organization
 24    or other person or agency to any liability or  action  for  money  damages  or
 25    other  legal  or  equitable  relief.;  provided  further,  cCustodians of such
 26    records and persons becoming aware of such data and opinions  shall  not  dis-
 27    close  the  same  except as authorized by the Idaho state board of medicine or
 28    pursuant to rules or regulations duly promulgated by said board,  except  that
 29    any  licensed  hospital  in  the  state of Idaho, acting through its governing
 30    board or its medical staff, or by its duly  authorized  administrative  staff,
 31    rules  adopted by the board of medicine or as otherwise authorized by law. Any
 32    health care organization may upon request receive such disclosures, subject to
 33    an obligation to preserve the confidential privileged  character  thereof  and
 34    subject  further  to the requirement that such requests shall be made and such
 35    use shall be limited to the aid of such hospital in determining hospital priv-
 36    ileges which may properly be allowed or refused any physician who is a  member
 37    of  or who is seeking to secure or reinstate membership upon the medical staff
 38    of such institution the health care organization in conducting peer review.
                                                                        
 39        SECTION 4.  That Section 39-1392d, Idaho Code, be, and the same is  hereby
 40    amended to read as follows:
                                                                        
 41        39-1392d.  PROPERTY  OF  HEALTH  CARE  ORGANIZATION.  All such written and
 42    other records of interviews,  all  reports,  statements,  minutes,  memoranda,
 43    charts  and physical property or materials of any kind used in connection with
 44    or relating to any such items or investigation or hearing or  research  disci-
 45    pline  or  medical study for any of the purposes set forth in section 39-1392,
 46    Idaho Code, peer review records of a health care  organization  shall  be  the
 47    property  of  the health care organization concerned which obtains or compiles
 48    the same.; provided, however, this A health care organization may provide peer
 49    review records to persons or entities that perform  accreditation,  certifica-
 50    tion  or  quality  assurance review or evaluation of the health care organiza-
 51    tion. The provision of any peer review records to  such  persons  or  entities
                                                                        
                                           4
                                                                        
  1    shall not be deemed to be a waiver by the health care organization of any peer
  2    review  privilege.  Persons  and  entities receiving peer review records shall
  3    preserve the confidential privileged character thereof and  such  persons  and
  4    entities  shall  not be subject to subpoena or order compelling  production of
  5    peer review records. Nothing in this section shall be deemed  to  require  the
  6    health  care  organization  to  provide  persons  or entities with peer review
  7    records. A health care organization may provide peer review records to persons
  8    or entities with whom the health care organization is affiliated  through  any
  9    common  ownership  interest  or  by  contract,  which  affiliation or contract
 10    includes the person's or entity's involvement in the peer  review  process  or
 11    the  provision of any management or administrative services to the health care
 12    organization. The provision of peer review records to such persons or entities
 13    shall not be deemed to be a waiver by the health care organization of any peer
 14    review privilege. Such persons and  entities  receiving  peer  review  records
 15    shall preserve the confidential privileged character thereof, and such persons
 16    and  entities shall not be subject to any subpoena or order compelling produc-
 17    tion of peer review records. Nothing  in  this  section  shall  be  deemed  to
 18    require  the health care organization to provide such persons or entities with
 19    peer review records. This section shall in no way impair the rights  of  indi-
 20    viduals  conducting  such  research or studies in the exercise of any right or
 21    the discharge of any legitimate responsibility which they may have in  connec-
 22    tion with such research and/or studies and the results thereof. ; and provided
 23    further,  nNothing  in  this act shall be construed as restricting or altering
 24    the rights of inspection and copying by patients  and  their  duly  authorized
 25    representatives  with  respect to the such patients' official chart maintained
 26    in connection with the course of care  provided  such  patients  patient  care
 27    records,  which  right  of  copying  and  inspection and to use of such charts
 28    patient care records and their contents in appropriate judicial proceedings is
 29    unaltered by this enactment.
                                                                        
 30        SECTION 5.  That Section 39-1393, Idaho Code, be, and the same  is  hereby
 31    repealed.
                                                                        
 32        SECTION  6.  That  Chapter  13,  Title 39, Idaho Code, be, and the same is
 33    hereby amended by the addition thereto of a NEW SECTION, to be known and  des-
 34    ignated as Section 39-1393, Idaho Code, and to read as follows:
                                                                        
 35        39-1393.  NOTIFICATION  OF  PROFESSIONAL REVIEW ACTION IMPOSED UPON PHYSI-
 36    CIAN. (1) Any health care organization in this state that is by  law  required
 37    to conduct peer review or which voluntarily formally elects to conduct profes-
 38    sional  review  actions  shall  notify  the  board of medicine of professional
 39    review actions taken against physicians  licensed  in  Idaho  required  to  be
 40    reported  as provided in this section. Such reports shall be made to the board
 41    of medicine within fifteen (15) days of completion of the professional  review
 42    action by the health care organization. Such required reports shall be made on
 43    forms approved by the board of medicine consistent with the reporting require-
 44    ments  of  this  section.  The reporting obligation shall not be stayed by the
 45    filing of any court proceeding unless otherwise ordered by the court.
 46        (2)  A health care organization in Idaho shall report to the board of med-
 47    icine if it:
 48        (a)  Takes a professional review action against a  physician  licensed  in
 49        Idaho  and  imposes  a  sanction of the type included in subsection (3) of
 50        this section which lasts longer than thirty (30) days; or
 51        (b)  Accepts a voluntary sanction by a physician licensed in Idaho of  the
 52        type  identified  in subsection (3) of this section while the physician is
                                                                        
                                           5
                                                                        
  1        under investigation or to avoid investigation by the health care organiza-
  2        tion relating to the professional competence or  professional  conduct  of
  3        the physician or in exchange for the health care organization not conduct-
  4        ing  such an investigation or initiating a professional review action,  if
  5        the sanction lasts longer than thirty (30) days.
  6        (3)  Professional review action sanctions against a physician  which  must
  7    be  reported  to the board of medicine pursuant to subsection (2) of this sec-
  8    tion, whether voluntary or involuntary, shall be:
  9        (a)  Restriction or limitation of privileges;
 10        (b)  Revocation of privileges;
 11        (c)  Suspension of privileges;
 12        (d)  Reduction of privileges;
 13        (e)  Denial of a request for initial privileges;
 14        (f)  Submission to monitoring of the physician's physical or mental condi-
 15        tion;
 16        (g)  Submission to monitoring of the physician's delivery of medical  ser-
 17        vices  other than to assess and monitor the physician's qualifications for
 18        new or additional privileges;
 19        (h)  Surrender of privileges;
 20        (i)  Summary suspension or reduction of  privileges  lasting  longer  than
 21        thirty (30) days;
 22        (j)  Termination of employment;
 23        (k)  Suspension of employment lasting longer than thirty (30) days.
 24        (4)  The reporting requirements of this section shall not apply to:
 25        (a)  Actions  based  on compliance with medical records or confidentiality
 26        requirements of a health care organization;
 27        (b)  Voluntary requests for assistance or monitoring  by  a  physician  as
 28        part  of  an  educational  process  to improve physician skills or enhance
 29        patient care when unrelated to a professional review action concerning the
 30        quality or necessity of patient medical care;
 31        (c)  Voluntary or involuntary revocation, nonrenewal,  denial,  reduction,
 32        restriction,  resignation,  or limitation of privileges or employment of a
 33        physician based upon factors not directly impacting the quality of patient
 34        care or safety of practice of the physician;
 35        (d)  Adverse actions taken against a physician by a health care  organiza-
 36        tion  that  is not required by law to conduct peer review and that has not
 37        voluntarily formally elected to conduct professional review actions; and
 38        (e)  The denial of a physician's request for additional privileges or cre-
 39        dentials with a health care organization.
 40        (5)  The report to the board of medicine required by  this  section  shall
 41    include  a  statement  of the quality of care concerns or professional conduct
 42    that is the basis of the professional review action or investigation  and  the
 43    reportable  professional review action sanction voluntarily accepted or invol-
 44    untarily imposed.
 45        (6)  A health care organization required to report a  professional  review
 46    action  concerning  a physician to the board of medicine pursuant to this sec-
 47    tion shall, if requested by the board of medicine, provide to  the  board  the
 48    following:
 49        (a)  A  statement of the specific quality of care concerns or professional
 50        conduct which resulted in the professional review action sanction;
 51        (b)  A statement of the specific professional review action sanction; and
 52        (c)  Any patient care records of the health  care  organization  regarding
 53        the  care provided by the reported physician.  However, the board of medi-
 54        cine may not request or require production of any peer review records from
 55        any person or health care organization, including  the  identification  of
                                                                        
                                           6
                                                                        
  1        which  particular  patient  care  records  were selected for, or reviewed,
  2        examined or discussed in any peer review activity of a health care organi-
  3        zation, or the method used by the health care organization to select  such
  4        patient care records for peer review.
  5        (7)  The  records  lawfully requested by the board of medicine pursuant to
  6    subsection (6) of this section shall be provided by the health care  organiza-
  7    tion  without a subpoena or court order. If the health care organization fails
  8    to comply with the board of medicine's lawful request, the board may  petition
  9    the  district  court  for  an  order  compelling  compliance  with the board's
 10    request, which may be granted if disclosure is required by law.
 11        (8)  Any person or health care organization that provides notification  as
 12    required  by law, or in a good faith belief that such notification is required
 13    by law, shall be immune from any civil or other liability arising from provid-
 14    ing the notification. Such immunity shall likewise pertain to the provision of
 15    files, records and information a health care organization may  in  good  faith
 16    provide  to the board of medicine pursuant to this section or other applicable
 17    law. Such materials provided to the board of medicine shall be subject to dis-
 18    closure by the board according to chapter 3, title 9, Idaho Code,  and  avail-
 19    able  only to the board of medicine and its staff unless and until such matter
 20    becomes the subject of formal proceedings by or before the board  of  medicine
 21    or  authorized  by  it,  and  then only to the extent the board of medicine is
 22    required by law to disclose such records, files or information.
                                                                        
 23        SECTION 7.  That Section 54-1818, Idaho Code, be, and the same  is  hereby
 24    amended to read as follows:
                                                                        
 25        54-1818.  REPORTING  OF VIOLATIONS BY PHYSICIANS. A licensed physician and
 26    surgeon possessing knowledge of a violation of section 54-18104,  Idaho  Code,
 27    by  any  other  physician  and  surgeon licensed to practice medicine in Idaho
 28    shall with reasonable promptness report such knowledge to the board  of  medi-
 29    cine  or  its duly authorized committee, agency or representative, and failure
 30    to do so shall subject such person to disciplinary action by the  state  board
 31    of medicine as in its discretion the board shall deem proper, pursuant to pro-
 32    cedures  provided  in  chapter  18,  title 54, Idaho Code; provided, no person
 33    shall be civilly liable for communications, reports or acts of any kind  made,
 34    given  or  handled  under the provisions of this act. However, notwithstanding
 35    the foregoing, no physician or surgeon shall be required to report, nor  shall
 36    any  physician or surgeon report, any information known, learned or discovered
 37    by that physician or surgeon as a result of participation in  peer  review  or
 38    access  to  peer  review  records, as defined in section 39-1392a, Idaho Code.
 39    This provision shall not relieve a health care organization of  its  notifica-
 40    tion obligations as set forth in section 39-1393, Idaho Code.

Amendment


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-seventh Legislature                 First Regular Session - 2003
                                                                        
                                                                        
                                                     Moved by    Darrington          
                                                                        
                                                     Seconded by Brandt              
                                                                        
                                                                        
                                       IN THE SENATE
                             SENATE AMENDMENT TO S.B. NO. 1102
                                                                        
  1                               AMENDMENTS TO SECTION 6
  2        On page 6 of the printed bill,  in  line  10,  delete  "may"  and  insert:
  3    "shall"; and delete lines 21 and 22 and insert: "or authorized by it.".

Engrossed Bill (Original Bill with Amendment(s) Incorporated)


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-seventh Legislature                 First Regular Session - 2003
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                              SENATE BILL NO. 1102, As Amended
                                                                        
                              BY HEALTH AND WELFARE COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO HOSPITAL LICENSES AND INSPECTION; AMENDING SECTION 39-1392a, IDAHO
  3        CODE, TO DEFINE TERMS AND  TO  MAKE  TECHNICAL  AND  GRAMMATICAL  CHANGES;
  4        AMENDING  SECTION  39-1392b,  IDAHO CODE, TO REVISE PROVISIONS RELATING TO
  5        CONFIDENTIAL AND PRIVILEGED  RECORDS;  AMENDING  SECTION  39-1392c,  IDAHO
  6        CODE,  TO REVISE PROVISIONS RELATING TO CIVIL LIABILITY IMMUNITY; AMENDING
  7        SECTION 39-1392d, IDAHO CODE, TO REVISE PROVISIONS RELATING TO PEER REVIEW
  8        RECORDS OF HEALTH CARE ORGANIZATIONS AND TO PROVIDE REFERENCES TO  PATIENT
  9        CARE RECORDS; REPEALING SECTION 39-1393, IDAHO CODE, RELATING TO NOTIFICA-
 10        TION OF DISCIPLINARY ACTION IMPOSED UPON A PHYSICIAN; AMENDING CHAPTER 13,
 11        TITLE  39,  IDAHO  CODE,  BY  THE ADDITION OF A NEW SECTION 39-1393, IDAHO
 12        CODE, TO PROVIDE FOR NOTIFICATION OF PROFESSIONAL  REVIEW  ACTION  IMPOSED
 13        UPON  A  PHYSICIAN; AND AMENDING SECTION 54-1818, IDAHO CODE, TO PROVIDE A
 14        CORRECT CODE REFERENCE AND TO PROVIDE THAT NO PHYSICIAN OR  SURGEON  SHALL
 15        REPORT  CERTAIN INFORMATION RELATING TO PEER REVIEW RECORDS AND TO PROVIDE
 16        THAT HEALTH CARE ORGANIZATIONS SHALL NOT BE RELIEVED OF CERTAIN  NOTIFICA-
 17        TION OBLIGATIONS.
                                                                        
 18    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 19        SECTION  1.  That Section 39-1392a, Idaho Code, be, and the same is hereby
 20    amended to read as follows:
                                                                        
 21        39-1392a.  DEFINITIONS. The following terms shall have the following mean-
 22    ings when used in this section:
 23        (a1)  "Group medical practice" means a partnership,  corporation,  limited
 24    liability  company,  or  other  association formed for the purpose of offering
 25    health care services through physicians and other licensed or otherwise autho-
 26    rized health care providers who are partners, shareholders,  members,  employ-
 27    ees, or contractors of such group medical practice.
 28        (b2)  "Health  care  organization"  means  a hospital, in-hospital medical
 29    staff committee, medical society, managed care organization, or group  medical
 30    practice.
 31        (c3)  "Hospital"  shall  means a facility in Idaho licensed under sections
 32    39-1301 through 39-1314, Idaho Code, and  defined  in  section  39-1301(a)(1),
 33    Idaho Code.
 34        (d4)  "In-hospital  medical  staff  committees" shall means any individual
 35    doctor who is a hospital staff member, or any hospital employee, or any  group
 36    of such doctors and/or hospital employees, who are duly designated a committee
 37    by  hospital  staff  bylaws,  by  action of an organized hospital staff, or by
 38    action of the board of directors of a hospital, and which committee is  autho-
 39    rized  by  said  bylaws,  staff  or board of directors, to conduct research or
 40    study of hospital patient cases, or of medical  questions  or  problems  using
 41    data and information from hospital patient cases.
 42        (e5)  "Managed  care  organization"  means  a  public or private person or
 43    organization which offers a managed care plan.
                                                                        
                                           2
                                                                        
  1        (f6)  "Managed care plan" means a contract of coverage given to  an  indi-
  2    vidual,  family  or group of covered individuals pursuant to which a member is
  3    entitled to receive a defined set of health care benefits through an organized
  4    system of health care providers in  exchange  for  defined  consideration  and
  5    which requires the member to use, or creates financial incentives for the mem-
  6    ber  to  use,  health care providers owned, managed, employed by or under con-
  7    tract with the managed care organization.
  8        (g7)  "Medical society" shall means any duly constituted,  authorized  and
  9    recognized  professional  society  or entity made up of physicians licensed to
 10    practice medicine in Idaho, having as its  purpose  the  maintenance  of  high
 11    quality  in  the  standards  of health care provided in Idaho or any region or
 12    segment of the state, operating with the approval of the Idaho state board  of
 13    medicine, or any official committee appointed by the Idaho state board of med-
 14    icine.
 15        (8)  "Patient care records" means written or otherwise recorded, preserved
 16    and  maintained  records  of  the medical or surgical diagnostic, clinical, or
 17    therapeutic care of any patient treated by or under the direction of  licensed
 18    professional  personnel in every health care organization subject to this act,
 19    whether as an in-patient or out-patient of the health care organization.
 20        (9)  "Peer review" means the collection, interpretation  and  analysis  of
 21    data  by a health care organization for the purpose of bettering the system of
 22    delivery of health care or to improve the  provision  of  health  care  or  to
 23    otherwise  reduce  patient  morbidity and mortality and improve the quality of
 24    patient care. Peer review activities by a health  care  organization  include,
 25    without limitation:
 26        (a)  Credentialing, privileging or affiliating of health care providers as
 27        members of, or providers for, a health care organization;
 28        (b)  Quality  assurance and improvement, patient safety investigations and
 29        analysis, patient adverse outcome reviews,  and  root-cause  analysis  and
 30        investigation activities by a health care organization; and
 31        (c)  Professional  review action, meaning an action or recommendation of a
 32        health care organization which is taken or made in  the  conduct  of  peer
 33        review,  that  is  based  on  the competence or professional conduct of an
 34        individual  physician  where  such  conduct  adversely  affects  or  could
 35        adversely affect the health or welfare of a  patient  or  the  physician's
 36        privileges, employment or membership in the health care organization.
 37        (10) "Peer  review  records"  means  all  evidence of interviews, reports,
 38    statements, minutes, memoranda, notes, investigative graphs  and  compilations
 39    and  the  contents thereof, and all physical materials relating to peer review
 40    of any health care organization.  "Peer  review  records"  does  not  mean  or
 41    include  patient  care records; provided however, that the records relating to
 42    the identification of which particular patient care records were selected for,
 43    or reviewed, examined or discussed in peer review by a health  care  organiza-
 44    tion  and  the methodology used for selecting such records shall be considered
 45    peer review records.
                                                                        
 46        SECTION 2.  That Section 39-1392b, Idaho Code, be, and the same is  hereby
 47    amended to read as follows:
                                                                        
 48        39-1392b.  RECORDS CONFIDENTIAL AND PRIVILEGED. Except as provided in sec-
 49    tion  39-1392e,  Idaho  Code,  all written records of interviews, all reports,
 50    statements, minutes, memoranda, charts, and  the  contents  thereof,  and  all
 51    physical  materials  relating  to research, discipline or medical study of any
 52    health care organization, for the purposes set forth in section 39-1392, Idaho
 53    Code, peer review records shall be confidential and privileged, and shall  not
                                                                        
                                           3
                                                                        
  1    be  directly  or indirectly subject to subpoena or discovery proceedings or be
  2    admitted as evidence, nor shall testimony relating thereto be admitted in evi-
  3    dence, or in any action of any kind in any court or before any  administrative
  4    body, agency or person for any purpose whatsoever.; provided further nNo order
  5    of  censure,  suspension  or  revocation of licensure or hospital  health care
  6    organization privilege of any physician licensed to practice medicine in Idaho
  7    shall be admissible in any civil proceeding seeking  damages  or  other  civil
  8    relief against the physician or hospital health care organization which may be
  9    a  party  defendant in said cause.; provided, hHowever, this section shall not
 10    prohibit or otherwise affect the use of said documents, materials or testimony
 11    in health care organization proceedings, nor shall it  prohibit  or  otherwise
 12    affect  the  dissemination,  for medical purposes, of information contained in
 13    such documents or materials or the conclusions and  findings  of  such  health
 14    care  organization., and provided further, that tThis section shall not affect
 15    the admissibility in evidence in any action or proceeding of any original med-
 16    ical records the patient care records of any patient.
                                                                        
 17        SECTION 3.  That Section 39-1392c, Idaho Code, be, and the same is  hereby
 18    amended to read as follows:
                                                                        
 19        39-1392c.  IMMUNITY FROM CIVIL LIABILITY. The furnishing of information or
 20    provision  of  opinions to any health care organization, as herein defined, or
 21    their authorized representatives or investigators, or the receiving and use of
 22    such information and opinions shall not subject any person, hospital,  managed
 23    care  organization,  sanitarium, nursing or rest home health care organization
 24    or other person or agency to any liability or  action  for  money  damages  or
 25    other  legal  or  equitable  relief.;  provided  further,  cCustodians of such
 26    records and persons becoming aware of such data and opinions  shall  not  dis-
 27    close  the  same  except as authorized by the Idaho state board of medicine or
 28    pursuant to rules or regulations duly promulgated by said board,  except  that
 29    any  licensed  hospital  in  the  state of Idaho, acting through its governing
 30    board or its medical staff, or by its duly  authorized  administrative  staff,
 31    rules  adopted by the board of medicine or as otherwise authorized by law. Any
 32    health care organization may upon request receive such disclosures, subject to
 33    an obligation to preserve the confidential privileged  character  thereof  and
 34    subject  further  to the requirement that such requests shall be made and such
 35    use shall be limited to the aid of such hospital in determining hospital priv-
 36    ileges which may properly be allowed or refused any physician who is a  member
 37    of  or who is seeking to secure or reinstate membership upon the medical staff
 38    of such institution the health care organization in conducting peer review.
                                                                        
 39        SECTION 4.  That Section 39-1392d, Idaho Code, be, and the same is  hereby
 40    amended to read as follows:
                                                                        
 41        39-1392d.  PROPERTY  OF  HEALTH  CARE  ORGANIZATION.  All such written and
 42    other records of interviews,  all  reports,  statements,  minutes,  memoranda,
 43    charts  and physical property or materials of any kind used in connection with
 44    or relating to any such items or investigation or hearing or  research  disci-
 45    pline  or  medical study for any of the purposes set forth in section 39-1392,
 46    Idaho Code, peer review records of a health care  organization  shall  be  the
 47    property  of  the health care organization concerned which obtains or compiles
 48    the same.; provided, however, this A health care organization may provide peer
 49    review records to persons or entities that perform  accreditation,  certifica-
 50    tion  or  quality  assurance review or evaluation of the health care organiza-
 51    tion. The provision of any peer review records to  such  persons  or  entities
                                                                        
                                           4
                                                                        
  1    shall not be deemed to be a waiver by the health care organization of any peer
  2    review  privilege.  Persons  and  entities receiving peer review records shall
  3    preserve the confidential privileged character thereof and  such  persons  and
  4    entities  shall  not be subject to subpoena or order compelling  production of
  5    peer review records. Nothing in this section shall be deemed  to  require  the
  6    health  care  organization  to  provide  persons  or entities with peer review
  7    records. A health care organization may provide peer review records to persons
  8    or entities with whom the health care organization is affiliated  through  any
  9    common  ownership  interest  or  by  contract,  which  affiliation or contract
 10    includes the person's or entity's involvement in the peer  review  process  or
 11    the  provision of any management or administrative services to the health care
 12    organization. The provision of peer review records to such persons or entities
 13    shall not be deemed to be a waiver by the health care organization of any peer
 14    review privilege. Such persons and  entities  receiving  peer  review  records
 15    shall preserve the confidential privileged character thereof, and such persons
 16    and  entities shall not be subject to any subpoena or order compelling produc-
 17    tion of peer review records. Nothing  in  this  section  shall  be  deemed  to
 18    require  the health care organization to provide such persons or entities with
 19    peer review records. This section shall in no way impair the rights  of  indi-
 20    viduals  conducting  such  research or studies in the exercise of any right or
 21    the discharge of any legitimate responsibility which they may have in  connec-
 22    tion with such research and/or studies and the results thereof. ; and provided
 23    further,  nNothing  in  this act shall be construed as restricting or altering
 24    the rights of inspection and copying by patients  and  their  duly  authorized
 25    representatives  with  respect to the such patients' official chart maintained
 26    in connection with the course of care  provided  such  patients  patient  care
 27    records,  which  right  of  copying  and  inspection and to use of such charts
 28    patient care records and their contents in appropriate judicial proceedings is
 29    unaltered by this enactment.
                                                                        
 30        SECTION 5.  That Section 39-1393, Idaho Code, be, and the same  is  hereby
 31    repealed.
                                                                        
 32        SECTION  6.  That  Chapter  13,  Title 39, Idaho Code, be, and the same is
 33    hereby amended by the addition thereto of a NEW SECTION, to be known and  des-
 34    ignated as Section 39-1393, Idaho Code, and to read as follows:
                                                                        
 35        39-1393.  NOTIFICATION  OF  PROFESSIONAL REVIEW ACTION IMPOSED UPON PHYSI-
 36    CIAN. (1) Any health care organization in this state that is by  law  required
 37    to conduct peer review or which voluntarily formally elects to conduct profes-
 38    sional  review  actions  shall  notify  the  board of medicine of professional
 39    review actions taken against physicians  licensed  in  Idaho  required  to  be
 40    reported  as provided in this section. Such reports shall be made to the board
 41    of medicine within fifteen (15) days of completion of the professional  review
 42    action by the health care organization. Such required reports shall be made on
 43    forms approved by the board of medicine consistent with the reporting require-
 44    ments  of  this  section.  The reporting obligation shall not be stayed by the
 45    filing of any court proceeding unless otherwise ordered by the court.
 46        (2)  A health care organization in Idaho shall report to the board of med-
 47    icine if it:
 48        (a)  Takes a professional review action against a  physician  licensed  in
 49        Idaho  and  imposes  a  sanction of the type included in subsection (3) of
 50        this section which lasts longer than thirty (30) days; or
 51        (b)  Accepts a voluntary sanction by a physician licensed in Idaho of  the
 52        type  identified  in subsection (3) of this section while the physician is
                                                                        
                                           5
                                                                        
  1        under investigation or to avoid investigation by the health care organiza-
  2        tion relating to the professional competence or  professional  conduct  of
  3        the physician or in exchange for the health care organization not conduct-
  4        ing  such an investigation or initiating a professional review action,  if
  5        the sanction lasts longer than thirty (30) days.
  6        (3)  Professional review action sanctions against a physician  which  must
  7    be  reported  to the board of medicine pursuant to subsection (2) of this sec-
  8    tion, whether voluntary or involuntary, shall be:
  9        (a)  Restriction or limitation of privileges;
 10        (b)  Revocation of privileges;
 11        (c)  Suspension of privileges;
 12        (d)  Reduction of privileges;
 13        (e)  Denial of a request for initial privileges;
 14        (f)  Submission to monitoring of the physician's physical or mental condi-
 15        tion;
 16        (g)  Submission to monitoring of the physician's delivery of medical  ser-
 17        vices  other than to assess and monitor the physician's qualifications for
 18        new or additional privileges;
 19        (h)  Surrender of privileges;
 20        (i)  Summary suspension or reduction of  privileges  lasting  longer  than
 21        thirty (30) days;
 22        (j)  Termination of employment;
 23        (k)  Suspension of employment lasting longer than thirty (30) days.
 24        (4)  The reporting requirements of this section shall not apply to:
 25        (a)  Actions  based  on compliance with medical records or confidentiality
 26        requirements of a health care organization;
 27        (b)  Voluntary requests for assistance or monitoring  by  a  physician  as
 28        part  of  an  educational  process  to improve physician skills or enhance
 29        patient care when unrelated to a professional review action concerning the
 30        quality or necessity of patient medical care;
 31        (c)  Voluntary or involuntary revocation, nonrenewal,  denial,  reduction,
 32        restriction,  resignation,  or limitation of privileges or employment of a
 33        physician based upon factors not directly impacting the quality of patient
 34        care or safety of practice of the physician;
 35        (d)  Adverse actions taken against a physician by a health care  organiza-
 36        tion  that  is not required by law to conduct peer review and that has not
 37        voluntarily formally elected to conduct professional review actions; and
 38        (e)  The denial of a physician's request for additional privileges or cre-
 39        dentials with a health care organization.
 40        (5)  The report to the board of medicine required by  this  section  shall
 41    include  a  statement  of the quality of care concerns or professional conduct
 42    that is the basis of the professional review action or investigation  and  the
 43    reportable  professional review action sanction voluntarily accepted or invol-
 44    untarily imposed.
 45        (6)  A health care organization required to report a  professional  review
 46    action  concerning  a physician to the board of medicine pursuant to this sec-
 47    tion shall, if requested by the board of medicine, provide to  the  board  the
 48    following:
 49        (a)  A  statement of the specific quality of care concerns or professional
 50        conduct which resulted in the professional review action sanction;
 51        (b)  A statement of the specific professional review action sanction; and
 52        (c)  Any patient care records of the health  care  organization  regarding
 53        the  care provided by the reported physician.  However, the board of medi-
 54        cine may not request or require production of any peer review records from
 55        any person or health care organization, including  the  identification  of
                                                                        
                                           6
                                                                        
  1        which  particular  patient  care  records  were selected for, or reviewed,
  2        examined or discussed in any peer review activity of a health care organi-
  3        zation, or the method used by the health care organization to select  such
  4        patient care records for peer review.
  5        (7)  The  records  lawfully requested by the board of medicine pursuant to
  6    subsection (6) of this section shall be provided by the health care  organiza-
  7    tion  without a subpoena or court order. If the health care organization fails
  8    to comply with the board of medicine's lawful request, the board may  petition
  9    the  district  court  for  an  order  compelling  compliance  with the board's
 10    request, which shall be granted if disclosure is required by law.
 11        (8)  Any person or health care organization that provides notification  as
 12    required  by law, or in a good faith belief that such notification is required
 13    by law, shall be immune from any civil or other liability arising from provid-
 14    ing the notification. Such immunity shall likewise pertain to the provision of
 15    files, records and information a health care organization may  in  good  faith
 16    provide  to the board of medicine pursuant to this section or other applicable
 17    law. Such materials provided to the board of medicine shall be subject to dis-
 18    closure by the board according to chapter 3, title 9, Idaho Code,  and  avail-
 19    able  only to the board of medicine and its staff unless and until such matter
 20    becomes the subject of formal proceedings by or before the board  of  medicine
 21    or authorized by it.
                                                                        
 22        SECTION  7.  That  Section 54-1818, Idaho Code, be, and the same is hereby
 23    amended to read as follows:
                                                                        
 24        54-1818.  REPORTING OF VIOLATIONS BY PHYSICIANS. A licensed physician  and
 25    surgeon  possessing  knowledge of a violation of section 54-18104, Idaho Code,
 26    by any other physician and surgeon licensed  to  practice  medicine  in  Idaho
 27    shall  with  reasonable promptness report such knowledge to the board of medi-
 28    cine or its duly authorized committee, agency or representative,  and  failure
 29    to  do  so shall subject such person to disciplinary action by the state board
 30    of medicine as in its discretion the board shall deem proper, pursuant to pro-
 31    cedures provided in chapter 18, title 54,  Idaho  Code;  provided,  no  person
 32    shall  be civilly liable for communications, reports or acts of any kind made,
 33    given or handled under the provisions of this  act.  However,  notwithstanding
 34    the  foregoing, no physician or surgeon shall be required to report, nor shall
 35    any physician or surgeon report, any information known, learned or  discovered
 36    by  that  physician  or surgeon as a result of participation in peer review or
 37    access to peer review records, as defined in  section  39-1392a,  Idaho  Code.
 38    This  provision  shall not relieve a health care organization of its notifica-
 39    tion obligations as set forth in section 39-1393, Idaho Code.

Statement of Purpose / Fiscal Impact


                  Statement of Purpose/Fiscal Impact
                                   
                                         Statement of Purpose
                                              RS12918C1
                                   
                                         Health care organizations maintain a formal peer review process in
          order to reduce the occurrence of illness and death and to enforce
          and improve standards of medical practice. This process enables
          research, discipline, and medical study. Records used in peer
          review are confidential and privileged and are not subject to
          subpoena or discovery proceedings, as set forth in Idaho Code
               39-1392.
          
               This legislation serves to clearly define key terminology, to
          include: "peer review," "peer review records," and "patient care
          records." It also delineates the circumstances upon which records
          lawfully may be released by the health care organization that owns
          them; and it clarifies immunity from civil liability. Further, a
          new section fully delineates the health care organizations'
          reporting obligations to the state board of medicine and details
          the sanctions and content of mandatory reports. In addition, the
          measure clarifies that no physician or surgeon shall be required
          to report information known, learned or discovered as a result of
          access to peer review records or participation in peer review.
          
          
                               Fiscal Impact
                                   
                                         This bill will have no fiscal impact on the state general fund.
          
          
               CONTACTS:
               Steven A. Millard, President     Nancy M. Kerr, Director
               Idaho Hospital Association       Idaho State Board of Medicine
               615 N. Seventh Street            1755 Westgate Drive,
               P.O. Box 1278                    Suite 140
               Boise, ID 83701-1278             P.O. Box 83720
               208/338-5100 ext. 203            Boise, ID 83720-0058
               208/338-7800 (fax)               208/327-7000
                                                208/327-7005 (fax)
               Robert K. Seehusen, Chief
               Executive
               Idaho Medical Association
               305 W. Jefferson Street
               P.O. Box 2668
               Boise, ID 83701
               208/334-7888
               208/344-7903 (fax)
                                                                   S 1102