Immunity for physician wellness programs

S.E.A. 365, P.L. 101
Effective: July 1, 2021

  • Defines “wellness program”.
  • Specifies that the proceedings and deliberations of a wellness program are confidential with certain exceptions.
  • Provides that all minutes, records, reports, written expert opinions, written communications, and other comparable memoranda prepared or created by a wellness program are privileged with certain exceptions.
  • Prohibits all wellness program personnel and participants from revealing or disclosing the substance of wellness program communications, records, and determinations to any person or entity outside of the wellness program with certain exceptions.
  • Allows a court to order in writing the release of confidential or privileged information belonging to awellness program after a hearing if the court makes specified findings.
  • Provides that the exchange of confidential or privileged information or memoranda between wellness groups does not result in the waiver of applicable confidentiality and privilege provisions.
  • Provides that confidentiality and privilege provisions applicable to certain records do not make the records inaccessible to people or entities that would otherwise be eligible to receive or access the records under existing state or federal law.
  • Provides that the confidentiality and privilege provisions applicable to wellness groups do not abrogate, limit, or restrict any other privacy protection applicable to a patient or the patient’s health or medical information.
  • Specifies that certain individuals may not be named as a party in a civil suit in connection with certain actions taken with respect to a wellness program.
  • Provides that a member, consultant, or participant who comprises or participates in a wellness program is not required to report a licensed physician to the medical licensing board for any act, omission, statement, discovery, or disclosure unless the licensed physician presents a threat to himself or herself, to his or her patients, or to the public.

Read the bill at: http://iga.in.gov/legislative/2021/bills/senate/365