38 USC 5705: Records created as part of a medical quality assurance program

            
 
          Sec. 5705. Confidentiality of medical quality-assurance records

    (a) Records and documents created by the Department as part of a 
medical quality-assurance
program (other than reports submitted pursuant to section 7311(g) \1\ of 
this title) are confidential and privileged and may not be disclosed to 
any person or entity except as provided in subsection (b) of this 
section.
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    \1\ See References in Text note below.
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    (b)(1) Subject to paragraph (2) of this subsection, a record or 
document described in subsection (a) of this section shall, upon 
request, be disclosed as follows:
        (A) To a Federal agency or private organization, if such record 
    or document is needed by such agency or organization to perform 
    licensing or accreditation functions related to Department health-
    care facilities or to perform monitoring, required by statute, of 
    Department health-care facilities.
        (B) To a Federal executive agency or provider of health-care 
    services, if such record or document is required by such agency or 
    provider for participation by the Department in a health-care 
    program with such agency or provider.
        (C) To a criminal or civil law enforcement governmental agency 
    or instrumentality charged under applicable law with the protection 
    of the public health or safety, if a qualified representative of 
    such agency or instrumentality makes a written request that such 
    record or document be provided for a purpose authorized by law.
        (D) To health-care personnel, to the extent necessary to meet a 
    medical emergency affecting the health or safety of any individual.

    (2) The name of and other identifying information regarding any 
individual patient or employee of the Department, or any other 
individual associated with the Department for purposes of a medical 
quality-assurance program, contained in a record or document described 
in subsection (a) of this section shall be deleted from any record or 
document before any disclosure made under this subsection if disclosure 
of such name and identifying information would constitute a clearly 
unwarranted invasion of personal privacy.
    (3) No person or entity to whom a record or document has been 
disclosed under this subsection shall make further disclosure of such 
record or document except for a purpose provided in this subsection.
    (4) Nothing in this section shall be construed as authority to 
withhold any record or document from a committee of either House of 
Congress or any joint committee of Congress, if such record or document 
pertains to any matter within the jurisdiction of such committee or 
joint committee.
    (5) Nothing in this section shall be construed as limiting the use 
of records and documents described in subsection (a) of this section 
within the Department (including contractors and consultants of the 
Department).
    (6) Nothing in this section shall be construed as authorizing or 
requiring withholding from any person or entity the disclosure of 
statistical information regarding Department health-care programs 
(including such information as aggregate morbidity and mortality rates 
associated with specific activities at individual Department health-care 
facilities) that does not implicitly or explicitly identify individual 
patients or employees of the Department, or individuals who participated 
in the conduct of a medical quality-assurance review.
    (c) For the purpose of this section, the term ``medical quality-
assurance program'' means--
        (1) with respect to any activity carried out before October 7, 
    1980, a Department systematic health-care review activity carried 
    out by or for the Department for the purpose of improving the 
    quality of medical care or improving the utilization of health-care 
    resources in Department health-care facilities; and
        (2) with respect to any activity carried out on or after October 
    7, 1980, a Department systematic health-care review activity 
    designated by the Secretary to be carried out by or for the 
    Department for either such purpose.

    (d)(1) The Secretary shall prescribe regulations to carry out this 
section. In prescribing such regulations, the Secretary shall specify 
those activities carried out before October 7, 1980, which the Secretary 
determines meet the definition of medical quality-assurance program in 
subsection (c)(1) of this section and those activities which the 
Secretary has designated under subsection (c)(2) of this section. The 
Secretary shall, to the extent appropriate, incorporate into such 
regulations the provisions of the administrative guidelines and 
procedures governing such programs in existence on October 7, 1980.
    (2) An activity may not be considered as having been designated as a 
medical quality-assurance program for the purposes of subsection (c)(2) 
of this section unless the designation has been specified in such 
regulations.
    (e) Any person who, knowing that a document or record is a document 
or record described in subsection (a) of this section, willfully 
discloses such record or document except as provided for in subsection 
(b) of this section shall be fined not more than $5,000 in the case of a 
first offense and not more than $20,000 in the case of a subsequent 
offense.

(Added Pub. L. 96-385, title V, Sec. 505(a), Oct. 7, 1980, 94 Stat. 
1535, Sec. 3305; amended Pub. L. 99-166, title II, Sec. 201, Dec. 3, 
1985, 99 Stat. 949; renumbered Sec. 5705 and amended Pub. L. 102-40, 
title IV, Secs. 402(b)(1), 403(b)(2), May 7, 1991, 105 Stat. 238, 
239; Pub. L. 102-54, Sec. 14(d)(4), June 13, 1991, 105 Stat. 285; Pub. 
L. 102-83, Sec. 4(a)(2)(F), (3), (4), (b)(1), (2)(E), Aug. 6, 1991, 105 
Stat. 404, 405.)

                       References in Text

    Section 7311(g) of this title, referred to in subsec. (a), was 
repealed by Pub. L. 103-446, title XII, Sec. 1201(g)(5), Nov. 2, 1994, 
108 Stat. 4687.
                               Amendments

    1991--Pub. L. 102-40, Sec. 402(b)(1), renumbered section 3305 of 
this title as this section.
    Subsec. (a). Pub. L. 102-83, Sec. 4(a)(3), (4), substituted 
``Department'' for ``Veterans' Administration''.
    Pub. L. 102-40, Sec. 403(b)(2), substituted ``section 7311(g)'' for 
``section 4152(b)''.
    Subsec. (b)(1)(A), (B). Pub. L. 102-83, Sec. 4(a)(3), (4), 
substituted ``Department'' for ``Veterans' Administration'' wherever 
appearing.
    Subsec. (b)(2). Pub. L. 102-83, Sec. 4(a)(3), (4), substituted 
``Department'' for ``Veterans' Administration''.
    Pub. L. 102-83, Sec. 4(a)(2)(F)(i), substituted ``patient or 
employee of the Department'' for ``Veterans' Administration patient or 
employee''.
    Subsec. (b)(5). Pub. L. 102-83, Sec. 4(a)(3), (4), substituted 
``Department'' for ``Veterans' Administration'' in two places.
    Subsec. (b)(6). Pub. L. 102-83, Sec. 4(a)(3), (4), substituted 
``Department'' for ``Veterans' Administration'' in two places.
    Pub. L. 102-83, Sec. 4(a)(2)(F)(ii), substituted ``patients or 
employees of the Department,'' for ``Veterans' Administration patients 
or employees''.
    Subsec. (c)(1). Pub. L. 102-83, Sec. 4(a)(3), (4), substituted 
``Department'' for ``Veterans' Administration'' wherever appearing.
    Pub. L. 102-54, Sec. 14(d)(4)(A), amended subsec. (c)(1) as in 
effect immediately before the enactment of Pub. L. 102-40 by 
substituting ``October 7, 1980'' for ``the date of the enactment of this 
section''.
    Subsec. (c)(2). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted 
``Secretary'' for ``Administrator''.
    Pub. L. 102-83, Sec. 4(a)(3), (4), substituted ``Department'' for 
``Veterans' Administration'' in two places.
    Pub. L. 102-54, Sec. 14(d)(4)(A), amended subsec. (c)(2) as in 
effect immediately before the enactment of Pub. L. 102-40 by 
substituting ``October 7, 1980'' for ``the date of the enactment of this 
section''.
    Subsec. (d)(1). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted 
``Secretary'' for ``Administrator'' wherever appearing.
    Pub. L. 102-54, Sec. 14(d)(4)(B)(i)-(iii), amended subsec. (d)(1) as 
in effect immediately before the enactment of Pub. L. 102-40 by 
substituting ``The'' for ``Not later than 180 days after the date of the 
enactment of this section, the'' in first sentence, substituting 
``October 7, 1980,'' for ``such enactment date'' in second sentence, and 
striking out ``existing'' after ``provisions of the'' and inserting ``in 
existence on October 7, 1980'' after ``such programs'' in last sentence.
    Subsec. (d)(2). Pub. L. 102-54, Sec. 14(d)(4)(B)(iv), amended 
subsec. (d)(2) as in effect immediately before the enactment of Pub. L. 
102-40 by substituting ``An activity may not be considered'' for ``After 
the date on which such regulations are first prescribed, no activity 
shall be considered''.
    1985--Subsec. (a). Pub. L. 99-166, Sec. 201(1), inserted ``(other 
than reports submitted pursuant to section 4152(b) of this title)'' 
after ``program''.
    Subsec. (b)(6). Pub. L. 99-166, Sec. 201(2), added par. (6).
                             Effective Date

     Section effective Oct. 7, 1980, see section 601(d) of Pub. L. 96-
385, set out as an Effective Date of 1980 Amendment note under section 
1114 of this title.