Nebraska Statutes 71-8249. Statewide trauma registry; data; confidentiality
(1) All data collected under section 71-8248 shall be held confidential pursuant to sections 81-663 to 81-675. Confidential patient medical record data shall only be released as (a) Class I, II, or IV medical records under sections 81-663 to 81-675, (b) aggregate or case-specific data to the regional trauma system quality assurance program and the regional trauma advisory boards, (c) protected health information to a public health authority, as such terms are defined under the federal Health Insurance Portability and Accountability Act of 1996, as such act existed on January 1, 2008, and (d) protected health information, as defined under the federal Health Insurance Portability and Accountability Act of 1996, as such act existed on January 1, 2008, to an emergency medical service, to an emergency care provider, to a licensed health care facility, or to a center that will treat or has treated a specific patient.
Terms Used In Nebraska Statutes 71-8249
- Action: shall include any proceeding in any court of this state. See Nebraska Statutes 49-801
- Department: means the Division of Public Health of the Department of Health and Human Services. See Nebraska Statutes 71-8211
- Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
- Emergency medical service: means the organization responding to a perceived individual need for medical care in order to prevent loss of life or aggravation of physiological or psychological illness or injury. See Nebraska Statutes 71-8215
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Subpoena: A command to a witness to appear and give testimony.
- Trauma: means a single-system or multisystem injury requiring immediate medical or surgical intervention or treatment to prevent death or permanent disability. See Nebraska Statutes 71-8232
A record may be shared with the emergency medical service, the emergency care provider, the licensed health care facility, or center that reported that specific record.
(2) Patient care quality assurance proceedings, records, and reports developed pursuant to this section and section 71-8248 are confidential and are not subject to discovery by subpoena or admissible as evidence in any civil action, except pursuant to a court order which provides for the protection of sensitive information of interested parties, including the department, pursuant to section 25-12,123.