<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".13" citation="COMAR 10.11.06.13" title_num="10" subtitle_num="11" chapter_num="06" heading="Confidentiality of Records and Information.">
  <paragraph num="A.">
    <text>The following shall be held confidential and may not be released to a person except as provided in this chapter:</text>
    <paragraph num="(1)">
      <text>Records and information received by the Committee, FIMR team, or other MMQR team;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Documents produced in the case review process; and</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Minutes of meetings of the Committee, FIMR team, or other MMQR team.</text>
    </paragraph>
  </paragraph>
  <paragraph num="B.">
    <text>Information and records obtained by the Committee, a FIMR team, or other MMQR team are exempt from disclosure under General Provisions Article, Title 4, Annotated Code of Maryland.</text>
  </paragraph>
  <paragraph num="C.">
    <text>The Committee, a FIMR team, or other MMQR team may not discuss, disclose, or use information for purposes other than as necessary to carry out the Committee’s, FIMR team’s, or other MMQR team’s duties and purposes under this chapter.</text>
  </paragraph>
  <paragraph num="D.">
    <text>Information that is disclosed to the public by the Committee, FIMR team, or other MMQR team shall be de-identified and may not contain information that would permit the identification of an individual, a health care provider, or a health care facility.</text>
  </paragraph>
  <paragraph num="E.">
    <text>The Committee, a FIMR team, or other MMQR team may release specific findings that relate to aggregate data as well as recommendations made by the Committee, FIMR team, or other MMQR team to prevent and reduce morbidity and mortality, and this information shall be public record.</text>
  </paragraph>
  <paragraph num="F.">
    <text>The Committee, FIMR team, other MMQR team, or their staff shall maintain the confidentiality of information used or addressed at meetings.</text>
  </paragraph>
  <paragraph num="G.">
    <text>A person in attendance at a meeting of the Committee, a FIMR team, or other MMQR team may not testify or be required to testify as to what transpired at that part of the meeting that is closed under General Provisions Article, Title 3, Subtitle 3, Annotated Code of Maryland.</text>
  </paragraph>
  <paragraph num="H.">
    <text>A member of the Committee, FIMR team, other MMQR team, their staff, or invitees may not be questioned in a civil or criminal proceeding regarding information presented at or opinions formed as a result of a closed Committee, FIMR team, or other MMQR team meeting.</text>
  </paragraph>
  <paragraph num="I.">
    <text>A member of the Committee, FIMR team, other MMQR team, their staff, or invitees, may testify in a civil or criminal proceeding to information that is:</text>
    <paragraph num="(1)">
      <text>Obtained independent of the Committee, FIMR team, or other MMQR team; and</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Publicly available, except as otherwise provided by law.</text>
    </paragraph>
  </paragraph>
  <paragraph num="J.">
    <text>Information, documents, and records of the Committee, a FIMR team, or other MMQR team are not subject, in a civil or criminal proceeding, to:</text>
    <paragraph num="(1)">
      <text>Subpoena;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Discovery; or</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Introduction as evidence.</text>
    </paragraph>
  </paragraph>
  <paragraph num="K.">
    <text>Information, documents, and records obtained by the Committee, a FIMR team, or other MMQR team that are available from other sources may be subject, as provided by applicable law, to:</text>
    <paragraph num="(1)">
      <text>Subpoena;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Discovery; or</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Introduction into evidence.</text>
    </paragraph>
  </paragraph>
  <paragraph num="L.">
    <text>A person may not be held liable for civil damages or subject to a criminal or disciplinary action for good faith efforts made to comply with the provisions of this chapter.</text>
  </paragraph>
</regulation>