Health care peer review bill passes

A bill that addresses confidentiality in the health care peer review process received final approval April 20.

LB431, introduced by Kearney Sen. Galen Hadley, adopts the Health Care Quality Improvement Act, which is intended to protect individuals and the confidentiality of records during a peer review process.

Under the bill, no health care provider, individual or employee who acts without malice while serving on a peer review committee or supplying information to a committee may be held liable or subject to legal action for activities within the scope the committee.

A peer review committee must be created by the governing board of a health care facility and the review process is not subject to discovery or evidence in a civil action. In addition, an incident or risk management report created specifically for a peer review process cannot be subject to discovery or be admissible as evidence in a civil action for damages for injury, death or loss to a patient.

A person who prepares or has knowledge of the contents of an incident or risk management report cannot testify as to the contents of the report in any civil action.

Senators voted 46-0 to pass LB431.