Current through 2024-52, December 25, 2024
Section 144-114-7 - Confidential and Privileged Information7.1 Confidential and privileged information. Communication with the division is privileged and confidential.7.1.1 The division shall take appropriate measures to protect the security of any information to which these rules apply. 7.1.1.1 Consultants. When consultants are retained by the SET they shall be held to the same standards regarding confidentiality and privileged information.7.1.2 Notifications and reports concerning sentinel events, near miss events, and suspected sentinel events filed pursuant to these rules and all information collected or developed as a result of the filing and proceedings pertaining to the filing, regardless of format, are confidential and privileged information.7.1.3 Pursuant to these rules, privileged and confidential information is not: 7.1.3.1 Subject to public access under Title 1 M.R.S.A. Chapter 13, except for data developed from the reports that do not identify or permit identification of the health care facility;7.1.3.2 Subject to discovery, subpoena or other means of legal compulsion for its release to any person or entity; or7.1.3.3 Admissible as evidence in any civil, criminal, judicial or administrative proceeding.7.1.4 Pursuant to these rules, the transfer of any information by a health care facility to the division or to a national organization that accredits health care facilities may not be treated as a waiver of any privilege or protection established by applicable Maine laws.7.1.5 These rules may not be construed to limit other privileges that are available under federal or other laws of this State that provide for greater peer review or confidentiality protections than the peer review and confidentiality protections provided by these rules.7.1.6 For the purposes of these rules, "privileged and confidential information" does not include: 7.1.6.1 Any final administrative action;7.1.6.2 Information independently received pursuant to a third party complaint investigation conducted pursuant to department rules; or7.1.6.3 Information designated as confidential under the rules and laws of this State.7.2 Federal law.These rules do not affect the obligations of the department relating to federal law.10- 144 C.M.R. ch. 114, § 7