Code of Maine Rules
10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES
144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL
Chapter 114 - Rules Governing the Reporting of Sentinel Events
Section 144-114-7 - Confidential and Privileged Information
Universal Citation: 10 ME Code Rules ยง 144-114-7
Current through 2024-38, September 18, 2024
7.1 Confidential and privileged information. Communication with the division is privileged and confidential.
7.1.1 The
division shall take appropriate measures to protect the security of any
information to which these rules apply.
7.1.1.1
Consultants. When
consultants are retained by the SET they shall be held to the same standards
regarding confidentiality and privileged information.
7.1.2 Notifications and reports concerning
sentinel events, near miss events, and suspected sentinel events filed pursuant
to these rules and all information collected or developed as a result of the
filing and proceedings pertaining to the filing, regardless of format, are
confidential and privileged information.
7.1.3 Pursuant to these rules, privileged and
confidential information is not:
7.1.3.1
Subject to public access under Title 1 M.R.S.A. Chapter 13, except for data
developed from the reports that do not identify or permit identification of the
health care facility;
7.1.3.2
Subject to discovery, subpoena or other means of legal compulsion for its
release to any person or entity; or
7.1.3.3 Admissible as evidence in any civil,
criminal, judicial or administrative proceeding.
7.1.4 Pursuant to these rules, the transfer
of any information by a health care facility to the division or to a national
organization that accredits health care facilities may not be treated as a
waiver of any privilege or protection established by applicable Maine
laws.
7.1.5 These rules may not be
construed to limit other privileges that are available under federal or other
laws of this State that provide for greater peer review or confidentiality
protections than the peer review and confidentiality protections provided by
these rules.
7.1.6 For the purposes
of these rules, "privileged and confidential information" does not include:
7.1.6.1 Any final administrative
action;
7.1.6.2 Information
independently received pursuant to a third party complaint investigation
conducted pursuant to department rules; or
7.1.6.3 Information designated as
confidential under the rules and laws of this State.
7.2 Federal law.These rules do not affect the obligations of the department relating to federal law.
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