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16-46-109. Proceedings, minutes, records, or reports confidential.
Arkansas Code — all titles (historical 2020) · legal_authorities
16-46-109. Proceedings, minutes, records, or reports confidential.
(a)(1) The proceedings, minutes, records, or reports of the quality assurance committees having the responsibility for reviewing and evaluating the quality of medical, nursing, or other care delivered in a long-term care facility, or of professional consultants engaged by long-term care facilities to study quality-of-care issues identified by the committee, and any other records, other than those records described in subsection (c) of this section, compiled or accumulated by the staff of a facility in connection with the review or evaluation, together with all communications or reports originating in the committee are:
(A) Exempt from discovery and disclosure to the same extent that proceedings, minutes, records, or reports of committees evaluating quality of medical or hospital care are exempt under § 16-46-105(a)(1);
(B) Not admissible in any legal proceeding; and
(C) Absolutely privileged communication.
(2) Testimony as to events occurring during the activities of the committee is:
(A) Exempt from discovery and disclosure to the same extent that testimony before committees evaluating quality of medical or hospital care are exempt under § 16-46-105(a)(2); and
(B) Not admissible as evidence in any legal proceeding.
(b) This section does not prevent disclosure of the data mentioned in subsection (a) of this section to an appropriate state or federal regulatory agency that by statute, rule, or regulation is entitled to access to the data.
(c)(1) This section does not apply to or affect the discovery or admissibility into evidence in a civil proceeding of the following records:
(A) Records or reports made in the regular course of business by a long-term care facility or other healthcare
Source: Arkansas Code — historical release 78 (November 6, 2020) · 16-46-109
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Record provenance
Stable record: arkansas_code:legal_authorities:16-46-109
Source file: gov.ar.code.title.16.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 77bd79d496a63179bb6b5c4ee56832dd4a225d2a9a4cc59b25495abcf3a39832
Source location: content.xml paragraph 18479
Stored source content
16-46-109. Proceedings, minutes, records, or reports confidential.
(a)(1) The proceedings, minutes, records, or reports of the quality assurance committees having the responsibility for reviewing and evaluating the quality of medical, nursing, or other care delivered in a long-term care facility, or of professional consultants engaged by long-term care facilities to study quality-of-care issues identified by the committee, and any other records, other than those records described in subsection (c) of this section, compiled or accumulated by the staff of a facility in connection with the review or evaluation, together with all communications or reports originating in the committee are:
(A) Exempt from discovery and disclosure to the same extent that proceedings, minutes, records, or reports of committees evaluating quality of medical or hospital care are exempt under § 16-46-105(a)(1);
(B) Not admissible in any legal proceeding; and
(C) Absolutely privileged communication.
(2) Testimony as to events occurring during the activities of the committee is:
(A) Exempt from discovery and disclosure to the same extent that testimony before committees evaluating quality of medical or hospital care are exempt under § 16-46-105(a)(2); and
(B) Not admissible as evidence in any legal proceeding.
(b) This section does not prevent disclosure of the data mentioned in subsection (a) of this section to an appropriate state or federal regulatory agency that by statute, rule, or regulation is entitled to access to the data.
(c)(1) This section does not apply to or affect the discovery or admissibility into evidence in a civil proceeding of the following records:
(A) Records or reports made in the regular course of business by a long-term care facility or other healthcare provider that are not created by or for the committee;
(B) Records or reports otherwise available from original sources, including without limitation the medical record of specific residents;
(C) Records or reports required to be kept by applicable law, rule, or regulation that are not created by or for the committee;
(D) Incident and accident reports;
(E) The long-term care facility's operating budgets; or
(F) Records of the committee's meeting dates.
(2) Without waiving any privilege, appointments to the committee are available to the Medicaid Fraud Control Unit of the Attorney General's office.
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Arkansas Code — all titles (historical 2020) · legal_authorities
16-46-105. Records of and testimony before committees reviewing and evaluating quality of medical or hospital care.
(a)(1)(A) The proceedings, minutes, records, or reports of organized committees of hospital medical staffs or medical review committees of local medical societies, or a committee organized by and operating pursuant to a written plan or policy under the auspices of a professional corporation or a professional limited liability company whose members are licensed to practice medicine in this state, having the responsibility for reviewing and evaluating the quality of medical or hospital care, and any records, other than those records described in subsection (c) of this section, compiled or accumulated by the administrative staff of such hospitals or a physician group peer review committee as defined under § 20-9-501 in connection with such review or evaluation, together with all communications or reports originating in such committees, shall not be subject to discovery pursuant to the Arkansas Rules of Civil Procedure or the Freedom of Information Act of 1967, § 25-19-101 et seq., or admissible in any legal proceeding and shall be absolutely privileged communications.
(B) The submission of such proceedings, minutes, records, reports, and communications to a hospital governing board or physician group peer review committee as defined under § 20-9-501 shall not operate as a waiver of the privilege.
(2) Neither shall testimony as to events occurring during the activities of such committees be subject to discovery pursuant to the Arkansas Rules of Civil Procedure or the Freedom of Information Act of 1967, § 25-19-101 et seq., or admissible.
(b)(1) Nothing in this section shall be construed to prevent disclosure of the data mentioned in subsection (a) of t
Source: Arkansas Code — historical release 78 (November 6, 2020) · 16-46-105
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 16-46-105. This identifies an authority to review, not proof of applicability.