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Data Confidentiality with Respect to Discovery
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The Patient Safety Act provides some protection to any facility or provider from legal discovery for sensitive information relating to a patient safety event is shared with a PSO such as CARS, in order to improve patient safety and the quality of patient care. The limits on this protection are being more carefully defined in the courts at the present, and in some cases depend on the State in which the provider is located. The following are never privileged:
  • Information in the patient’s chart or records,
  • Discharge records,
  • Information needed for billing,
  • Information freely released by the provider, or
  • Information that is collected for required reporting to any governmental organization
Specific questions on what information may be protected should be directed to your legal counsel. For general questions, please contact