2005 Idaho Code - 39-1392e — LIMITED EXCEPTIONS TO PRIVILEGE AND CONFIDENTIALITY

                                  TITLE  39
                              HEALTH AND SAFETY
                                  CHAPTER 13
                       HOSPITAL LICENSES AND INSPECTION
    39-1392e.  LIMITED EXCEPTIONS TO PRIVILEGE AND CONFIDENTIALITY. (a) In the
event of a claim or civil action against a physician, emergency medical
services personnel, a hospital or a skilled nursing facility arising out of a
particular physician-patient, emergency medical services personnel-patient,
hospital-patient relationship, or skilled nursing facility-patient, or which
concerns the sufficiency of the delivery of particular health care to a
specific patient, any health care organization having information of the kind
covered by section 39-1392b, Idaho Code, shall, when interrogated as
hereinafter provided, advise any such claimant who is or was such a patient or
who, in a representative capacity, acts on behalf of such patient or his
heirs, as follows:
    (1)  Whether it has conducted or has in progress an inquiry, proceeding or
    disciplinary matter regarding the quality or propriety of the health care
    involved, which concerns the subject patient while he was under the care
    or responsibility of a member of such health care organization or while he
    was a patient in such hospital or facility; and, if so,
    (2)  Whether disposition of any kind resulted or will result therefrom;
    and, if so,
    (3)  What the disposition was, or, if not yet determined, approximately
    when it will be determined.
Such disclosure of information shall be limited to the health care
organization's actions in connection with the physician, emergency medical
services personnel, hospital or skilled nursing facility against whom such
claim is asserted.
    (b)  Such a claimant shall likewise be entitled to inquire of such health
care organization respecting the names and addresses of persons who such
health care organization knows to have direct knowledge of the provision of
the health care in question, such inquiry to be limited, however, to the
particular patient and the particular times and occasions germane to the
specific occurrences on which the claim is based; provided, names shall not be
disclosed respecting persons who have gained secondary knowledge or formed
opinions respecting the matter solely by participating as witnesses,
officials, investigators or otherwise on, for, or in connection with such a
health care organization committee, staff, governing board or the state board
of medicine.
    (c)  Such limited, conditional discovery and disclosure of information as
provided above shall be allowed only in response to inquiries directed to such
a health care organization, and then only if initially propounded by a
claimant of the type above described. If the matter is in litigation, inquiry
may be by customary means of discovery under the Idaho rules of civil
procedure, or, if pending in a United States court, then under discovery as
allowed by its applicable rules; provided, pendency of the claim in the United
States court or before any other tribunal shall not operate to broaden the
exception to the rules of privilege, confidentiality and immunity set down in
this act.
    (d)  Such disclosures may be voluntarily made without judicial order or
formal discovery if all disciplined, accused or investigated physicians or
emergency medical services personnel consent thereto, and if privileged or
confidential information regarding any other patient, physician, emergency
medical services personnel, or person will not be disclosed thereby. When the
terms of this paragraph are complied with, such voluntary disclosures may be
made without civil liability therefor as if in due response to valid judicial
process or order.
    (e)  If any claimant makes such inquiry of any such health care
organization, he shall be deemed to have consented to like inquiry and
disclosure rights for the benefit of all parties against whom he asserts such
claim or brings such suit or action, and all other persons who are parties to
such action, and thereafter all such persons and parties may invoke the
provisions of this section, seeking and securing specific information as
herein provided for the benefit of such claimant, to the same extent as the
same is allowed to such claimant.
    (f)  If any physician, emergency medical services personnel, patient,
person, organization or entity whose conduct, care, chart, behavior, health or
standards of ethics or professional practice is the subject of investigation,
comment, testimony, dispositive order of any kind or other written or verbal
utterance or publication or act of any such health care organization or any
member or committee thereof in the course of research, study, disciplinary
proceeding or investigation of the sort contemplated by this act, makes claim
or brings suit  on account of such health care organization activity, then, in
the defense thereof, confidentiality and privilege shall be deemed waived by
the making of such claim, and such health care organization and the members of
their  staffs and committees shall be allowed to use and resort to such
otherwise protected information for the purpose of presenting proof of the
facts surrounding such matter, and this provision shall apply whether such
claim be for equitable or legal relief or for intentional or unintentional
tort of any kind and whether pressed by a patient, physician, emergency
medical services personnel, or any other person, but such waiver shall only be
effective in connection with the disposition or litigation of such claim, and
the court shall, in its discretion, enter appropriate orders protecting, and
as fully as it reasonably can do so, preserving the confidentiality of such
materials and information.