Nebraska Statutes 71-8710. Patient safety work product; confidentiality; use; restrictions
(1) Patient safety work product shall be privileged and confidential.
Terms Used In Nebraska Statutes 71-8710
- Action: shall include any proceeding in any court of this state. See Nebraska Statutes 49-801
- Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
- 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.
- Freedom of Information Act: A federal law that mandates that all the records created and kept by federal agencies in the executive branch of government must be open for public inspection and copying. The only exceptions are those records that fall into one of nine exempted categories listed in the statute. Source: OCC
- Identifiable information: means information that is presented in a form and manner that allows the identification of any provider, patient, or reporter of patient safety work product. See Nebraska Statutes 71-8705
- Patient safety work product: means any data, reports, records, memoranda, analyses, deliberative work, statements, root cause analyses, or quality improvement processes that are:
(a) Created or developed by a provider solely for the purposes of reporting to a patient safety organization. See Nebraska Statutes 71-8708
- Provider: means a person that is either:
(1) A facility licensed under the Health Care Facility Licensure Act. See Nebraska Statutes 71-8709
- State: when applied to different states of the United States shall be construed to extend to and include the District of Columbia and the several territories organized by Congress. See Nebraska Statutes 49-801
- Subpoena: A command to a witness to appear and give testimony.
(2) Patient safety work product shall not be:
(a) Subject to a civil, criminal, or administrative subpoena or order;
(b) Subject to discovery in connection with a civil, criminal, or administrative proceeding;
(c) Subject to disclosure pursuant to the Freedom of Information Act, 5 U.S.C. § 552, as such act existed on April 28, 2005, or any other similar federal or state law, including sections 84-712 to 84-712.09 ;
(d) Offered in the presence of the jury or other factfinder or received into evidence in any civil, criminal, or administrative proceeding before any local, state, or federal tribunal; or
(e) If the patient safety work product is identifiable information and is received by a national accreditation organization in its capacity:
(i) Used by a national accreditation organization in an accreditation action against the provider that reported the information;
(ii) Shared by such organization with its survey team; or
(iii) Required as a condition of accreditation by a national accreditation organization.