Sec. 1. (a) All proceedings of a peer review committee are confidential. (b) All communications to a peer review committee shall be privileged communications. (c) Neither the personnel of a peer review committee nor any participant in a committee proceeding shall reveal any content of: (1) communications to; (2) the records of; or (3) the […]
Sec. 10. Except in cases as authorized in this chapter, the evidentiary privileges created by this chapter shall be invoked by all witnesses and organizations in all judicial and administrative proceedings unless the witness or organization first has a waiver of the privilege executed in writing, on behalf of the peer review committee holding the […]
Sec. 11. If a waiver of the privilege is executed on behalf of the peer review committee in favor of the attorney general for the purpose of conducting an investigation under IC 25-1-7, the records of, determinations of, or communications to a peer review committee are confidential and privileged under this section, except for the […]
Sec. 12. This chapter does not prevent the attorney general from obtaining by subpoena as part of an investigation under IC 25-1-7 for a violation under IC 25-1-9: (1) the application for privileges or employment completed by the professional staff member under investigation regardless of whether the member is the subject of peer review committee […]
Sec. 13. A subpoena issued by the attorney general to obtain the records necessary to an investigation shall identify with reasonable particularity the documents sought and the specific professional health care provider under investigation. [Pre-1998 Recodification Citation: 34-4-12.6-2(m).] As added by P.L.1-1998, SEC.26.
Sec. 14. The immunities granted by sections 15 through 20 of this chapter shall not extend to any person who violates the confidentiality requirements of sections 1 through 13 of this chapter. [Pre-1998 Recodification Citation: 34-4-12.6-2(n).] As added by P.L.1-1998, SEC.26. Amended by P.L.1-1999, SEC.74; P.L.97-2004, SEC.123.
Sec. 15. There is no liability on the part of, and no action of any nature shall arise against, the personnel of a peer review committee for any act, statement made in the confines of the committee, or proceeding of the committee made in good faith in regard to evaluation of patient care as that […]
Sec. 16. Notwithstanding any other law, a peer review committee, an organization, or any other person who, in good faith and as a witness or in some other capacity, furnishes records, information, or assistance to a peer review committee that is engaged in: (1) the evaluation of the qualifications, competence, or professional conduct of a […]
Sec. 17. The personnel of a peer review committee shall be immune from any civil action arising from any determination made in good faith in regard to evaluation of patient care as that term is defined and limited in IC 34-6-2-44. [Pre-1998 Recodification Citation: 34-4-12.6-3(c).] As added by P.L.1-1998, SEC.26.
Sec. 18. No restraining order or injunction shall be issued against a peer review committee or any of the personnel thereof to interfere with the proper functions of the committee acting in good faith in regard to evaluation of patient care as that term is defined and limited in IC 34-6-2-44. [Pre-1998 Recodification Citation: 34-4-12.6-3(d).] […]
Sec. 19. If the action of the peer review committee meets the standards specified by this chapter and the federal Health Care Quality Improvement Act of 1986, 42 U.S.C. 11101 et seq., the following persons are not liable for damages under any federal, state, or local law with respect to the action: (1) The peer […]
Sec. 2. Except as otherwise provided in this chapter, a person who attends a peer review committee proceeding shall not be permitted or required to disclose: (1) any information acquired in connection with or in the course of a proceeding; (2) any opinion, recommendation, or evaluation of the committee; or (3) any opinion, recommendation, or […]
Sec. 20. Section 19 of this chapter does not apply to damages under any federal or state law relating to the civil rights of a person including: (1) the federal Civil Rights Act of 1964, 42 U.S.C. 2000e, et seq.; and (2) the federal Civil Rights Act, 42 U.S.C. 1981, et seq. [Pre-1998 Recodification Citation: […]
Sec. 21. (a) Notwithstanding sections 1 through 14 of this chapter: (1) a professional health care provider; (2) a peer review committee; and (3) the governing board of: (A) a hospital; (B) a preferred provider organization (including a preferred provider arrangement or reimbursement agreement under IC 27-8-11); (C) a health maintenance organization (as defined in […]
Sec. 22. Evidence of any financial incentive offered to or withheld from: (1) a private psychiatric hospital licensed under IC 12-25; or (2) a preferred provider organization (including a preferred provider arrangement or reimbursement agreement under IC 27-8-11); is subject to discovery under Indiana Rules of Trial Procedure unless specifically protected by statute. [Pre-1998 Recodification […]
Sec. 23. In all actions to which this chapter applies, good faith shall be presumed, and malice shall be required to be proven by the person aggrieved. [Pre-1998 Recodification Citation: 34-4-12.6-1(f) part.] As added by P.L.1-1998, SEC.26.
Sec. 3. (a) Information that is otherwise discoverable or admissible from original sources is not immune from discovery or use in any proceeding merely because it was presented during proceedings before a peer review committee. (b) A member, an employee, an agent of a committee or other person appearing before the committee may not be […]
Sec. 4. (a) A professional health care provider under investigation shall be permitted at any time to see any records accumulated by a peer review committee pertaining to the provider’s personal practice. (b) The provider shall be offered the opportunity to appear before the peer review committee with adequate representation to hear all charges and […]
Sec. 5. (a) As used in this section, “conflicted medical staff member” means a professional health care provider who is a member of a hospital’s medical staff and who is determined by the hospital to be: (1) in direct economic competition with the professional health care provider against whom the charges have been brought; or […]
Sec. 6. (a) Any appeal granted to a professional health care provider under section 5 of this chapter may be held before a committee of the board of trustees or the full board of trustees of the hospital in which the care under investigation was provided. (b) The right to a hearing and appeal under […]
