2015 Mississippi Code
Title 41 - PUBLIC HEALTH
Chapter 9 - REGULATION OF HOSPITALS; HOSPITAL RECORDS
HOSPITAL RECORDS -- PREPARATION, PRESERVATION AND DESTRUCTION
§ 41-9-68 - Certain hospital records exempt from requirement of public access
[Effective until January 1, 2016, this section will read:]
Records maintained by public hospitals, except the official minutes of the board of trustees, and financial reports filed as required by statute with the board of supervisors or municipal authorities or any other agency of government, shall be exempt from the provisions of the Mississippi Public Records Act of 1983.
[Effective from and after January 1, 2016, this section will read:]
(1) Except as otherwise provided in subsection (2) of this section, records maintained by public hospitals shall be exempt from the provisions of the Mississippi Public Records Act of 1983.
(2) The following records of public hospitals shall not be exempt from the Mississippi Public Records Act of 1983:
(a) The official minutes of the board of trustees of a public hospital;
(b) Financial reports not otherwise exempt that are required by state or federal statute or regulation to be filed with the owner of the public hospital or with any other agency of state or federal government; and
(c) Any other record maintained by a public hospital that does not fall within the definition of the term "hospital records" as that term is defined in Section 41-9-61, except for the following records, which shall be exempt:
(i) Records directly relating to the terms of any potential or current employment or services agreement with any physicians or other employees of a public hospital, including any application for medical staff privileges or membership with a public hospital;
(ii) Records directly relating to the credentialing, health, performance, salary, raises or disciplinary action of any employee or medical staff member or applicant for medical staff privileges at a public hospital;
(iii) Records directly relating to prospective strategic business decisions of a public hospital, including without limitation, decisions to open a new service line, implement capital improvements, or file applications for certificates of need or determinations of nonreviewability with the State Department of Health; and
(iv) Records directly relating to individual patient billing and collection information.
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