Current through Register Vol. XLI, No. 43, October 25, 2024
Section 64-97-6 - Confidentiality6.1. The uniform maternal risk screening tool shall be confidential and shall not be released or disclosed to anyone for any reason other than data analysis of high-risk and at-risk pregnancies and for planning purposes by public health officials: Provided, That Medicaid or CHIP members' data from the screening tool may be provided to the Department of Health and Human Resources' Bureau for Medical Services, which may provide the information to the patient's contracted managed care organizations to facilitate the timely initiation of case management for at-risk and high-risk pregnancies. The Bureau for Medical Services and its contracted managed care organizations shall conform to all applicable laws and current industry standards governing confidentiality, including the establishment of appropriate administrative, technical, and physical safeguards to protect the confidentiality of the data and to prevent unauthorized use or access to it.6.2. Proceedings, records, and opinions of the advisory council are confidential and are not subject to discovery, subpoena, or introduction into evidence in any civil or criminal proceeding. Nothing in this subsection is to be construed to limit or restrict the right to discover or use in any civil or criminal proceeding anything that is available from another source and entirely independent of the proceedings of the advisory council.6.3. Members of the advisory council may not be questioned in any civil or criminal proceeding regarding information presented in or opinions formed as a result of a meeting of the council. Nothing in this subsection may be construed to prevent a member of the advisory council from testifying to information obtained independently of the council or which is public information.