Senate Bill No. 99
(By Senator Chafin)
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[Introduced February 15, 2001; referred to the
Committee on the Judiciary.]
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A BILL to amend and reenact section three, article three-c,
chapter thirty of the code of West Virginia, one thousand
nine hundred thirty-one, as amended, relating to permitting
confidential proceedings, testimony and records subject to
subpoena.
Be it enacted by the Legislature of West Virginia:
That section three, article three-c, chapter thirty of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted to read as follows:
ARTICLE 3C. HEALTH CARE PEER REVIEW ORGANIZATION PROTECTION.
§30-3C-3. Confidentiality of review organization's records.
The proceedings and records of a review organization shall be confidential and privileged
and but shall
not be subject to
subpoena or discovery proceedings or be admitted as evidence in
any civil action arising out of the matters which are subject to
evaluation and review by
such that organization;
and no and any
person who was in attendance at a meeting of
such that
organization
shall may be permitted or required to testify in
any
such civil action as to any evidence or other matters
produced or presented during the proceedings of
such the
organization or as to any findings, recommendations, evaluations,
opinions or other actions of
such the organization or any members
thereof:
Provided, That information, documents or records
otherwise available from original sources are not to be construed
as immune from discovery or use in any civil action merely
because they were presented during proceedings of
such the
organization, nor should any person who testifies before
such the
organization or who is a member of
such the organization be
prevented from testifying as to matters within his
or her
knowledge,
but and the witness
shall not may be asked about his
or her testimony before
such an that organization or opinions
formed by him
or her as a result of
said the organization
hearings:
Provided, however, That an individual may execute a valid waiver authorizing the release of the contents of his
or
her file pertaining to his
or her own acts or omissions:
and such
waiver shall remove the confidentiality and privilege of said
contents otherwise provided by this section: Provided further,
That upon further review by any other review organization, upon
judicial review of any finding or determination of a review
organization or in any civil action filed by an individual whose
activities have been reviewed, any testimony, documents,
proceedings, records and other evidence adduced before
any such
that review organization shall be available to
such any further
review organization, the court and the individual whose
activities have been reviewed. The court shall enter
such
protective orders as may be appropriate to provide for the
confidentiality of
the irrelevant or unnecessary records provided
the court by a review organization and all papers and records
relating to the proceedings had before the reviewing court.
NOTE: The purpose of this bill is to make confidential
information obtained by a review organization subject to
subpoena.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.