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Medical Peer Review in Indiana

Indiana has specific laws that deal with peer review records and information.  The state protects the right of a health care provider who is under investigation to have access to the peer review records and information that deal with the provider’s practice.1  The law requires that all peer review information, communications and proceedings be kept confidential.2   Furthermore, any person attending a peer review hearing is also required to maintain the confidentiality of the peer review information.3  The law provides exceptions to the general rule of confidentiality, by permitting a peer review committee to disclose records and information to the patient safety agency.4  Additionally, peer review information that is otherwise discoverable or admissible from original sources is not immune from use in judicial proceedings.5  The law provides that a peer review committee of one institution is permitted to disclose records to the peer review committees of other health care entities, such as hospitals or health plans, to the disciplinary authority of the professional board, and to the state board of registration.6  The receiving institutions may use peer review committee information for a legitimate business purpose, such as quality review, utilization review, or legal purposes.7

 

 

Footnotes

  • 1. Ind. Code §34-30-15-4
  • 2. Ind. Code §34-30-15-1
  • 3. Ind. Code §34-30-15-2
  • 4. Ind. Code §34-30-15-1
  • 5. Ind. Code §34-30-15-3
  • 6. Ind. Code §34-30-15-8
  • 7. Ind. Code §34-30-15-21

 

Medical Peer Review in Indiana

Subtopic Statute/Regulation Description
Confidentiality of peer review information (Cross reference with Privacy & Confidentiality) Hospital Requirements for the Protection of a Patient’s Identity – Ind. Code Ann. § 16-39-6-5 Hospital medical staff committee reports or publications must not disclose the identity of  a patient.  In fact, the hospital medical staff...
Requirements for Confidentiality of Proceedings and Matters Allowed to be Disclosed – Ind. Code Ann.§34-30-15-1 All proceedings, communications and records of a peer review committee must be confidential.  However, the governing board of a hospital,...
Requirements for Confidentiality of Proceedings for Persons Attending – Ind. Code Ann.§34-30-15-2 Any person attending a peer review proceeding is not allowed to disclose information acquired in the course of the proceeding, any opinion of the...
Medical Peer Review Ind. Code Ann. § 16-39-6-2 - Right of hospital to provide records to medical staff committee In order to allow medical staff committees to evaluate the care and treatment of patients, the law allows hospitals or employees of hospitals to...
Ind. Code Ann. § 27-13-31-3 - Information and records held by health care review committees that are subject to subpoena or discovery This law states that the information considered by and the records of proceedings held by health care review committees are confidential and cannot...
Release of peer review information (Court ordered, subpoena, and for litigation purposes) Requirements and Rights for a Health Care Provider Under Investigation – Ind. Code Ann.§34-30-15-4 A health care provider who is under investigation may see peer review records related to the provider’s practice at any time.  The...
Requirements for Confidentiality of Proceedings and Use of Otherwise Discoverable Information – Ind. Code Ann.§34-30-15-3 Any information that is otherwise discoverable or admissible from original sources is not automatically immune from use in judicial proceedings due...
Sharing of peer review information (Cross reference with Care Coordination) Requirements for Confidentiality of Proceedings and Disclosure of Communications, Records and Determinations of a Peer Review Committee – Ind. Code Ann.§34-30-15-8 Requirements for Confidentiality of Proceedings and Disclosure of Communications, Records and Determinations of a Peer Review Committee This...
Requirements for the Use of Information for Internal Business Purposes – Ind. Code Ann.§34-30-15-21 The following entities may use information obtained by a peer review committee for a legitimate business purpose: Health care provider; Peer...