P.R. Laws tit. 26, § 9359
(a) Data or information pertaining to the diagnosis, treatment or health of a covered person or enrollee is confidential and shall not be disclosed to any person except to the extent that it may be necessary to carry out the purposes of this chapter and as allowed by the laws of Puerto Rico and the United States of America; or upon the express consent of the covered person or enrollee; or pursuant to statute or court order for the production of evidence or the discovery thereof; or in the event of a claim or litigation between the covered person or enrollee and the health insurance organization or issuer. If any data or information pertaining to the diagnosis, treatment, or health of any existing or potential covered person or enrollee is disclosed pursuant to the provisions of this section, the health insurance organization or issuer shall not be liable for the disclosure or any subsequent use or misuse of the data. The health insurance organization or issuer shall be entitled to claim any statutory privileges against disclosure that the provider who furnished the information to the health issuer is entitled to claim.
(b) A person who, in good faith and without malice, takes an action or makes a decision or recommendation, or who furnishes any records, information, or assistance to a quality committee as a member, agent, or employee of a health insurance organization or issuer's quality committee in furtherance of the quality assessment or quality improvement activities of the health insurance organization or issuer, shall not be subject to liability for civil damages or any legal action in consequence of his/her action, nor shall the health insurance organization or issuer or any of its officers, directors, employees, or agents be liable for the activities of such person. This section shall not be construed to relieve any person of liability arising from treatment of a patient.
(c)
(1) The information considered by a quality committee and the records of its meetings shall be confidential and not subject to subpoena or order to produce, except in hearings held by the Commissioner. No member of a quality committee, or staff engaged in assisting or engaged in the quality assessment or quality improvement activities may be subpoenaed to testify in any judicial or quasi-judicial proceeding if the subpoena is based solely on these activities.
(d) To fulfill its obligations under this section, the health insurance organization or issuer shall have access to treatment records and other information pertaining to the diagnosis, treatment or health status of any covered person or enrollee.
History —Aug. 29, 2011, No. 194, added as § 20.090 on Aug. 23, 2012, No. 203, § 4, eff. 90 days after Aug. 23, 2012.