Immunity from liability for, and disclosure of patient information by, a health care provider, health care facility, or employee of a health care provider or health care facility that, in good faith, reports or provides information about a violation of the law or of a clinical or ethical standard, unprofessional conduct, or negligence in treating a patient by a health care provider, health care facility, or employee or former employee of a health care provider or health care facility

This bill provides for immunity from liability for any health care provider, health care facility, or employee that in good faith does any of the following:

1. Reports any information, the disclosure of which is not expressly prohibited by law, relating to an allegation that a health care provider, health care facility, or employee has committed a violation of the law or has provided a health care service of a quality that violates any standard established by law or any clinical or ethical standard and that poses a potential risk to public health or safety (violation of the law or of a clinical or ethical standard), has engaged in unprofessional conduct, or has acted negligently in treating a patient to any state agency; to any accrediting or standard-setting body; or to any officer, director, or supervisor of the health care facility or health care provider.

2. Initiates, participates in, or testifies in any action or proceeding in which it is alleged that a health care provider, health care facility, or employee has committed a violation of the law or of a clinical or ethical standard, has engaged in unprofessional conduct, or has acted negligently in treating a patient.

3. Provides to any legislator or legislative committee any information, the disclosure of which is not expressly prohibited by law, relating to an allegation that a health care provider, health care facility, or employee has committed a violation of the law or of a clinical or ethical standard, has engaged in unprofessional conduct, or has acted negligently in treating a patient.

4. Provides to any prospective employer of an employee or former employee information, the disclosure of which is not expressly prohibited by law, relating to an allegation that the employee or former employee has committed a violation of the law or of a clinical or ethical standard, has engaged in unprofessional conduct, or has acted negligently in treating a patient.

The immunity provided under the bill, however, does not apply to a health care provider, health care facility, or employee that reports or provides any information, or that initiates, participates in, or testifies in any action or proceeding based on information, that the provider, facility, or employee knows or should know is false or misleading or that concerns a violation of the law or of a clinical or ethical standard, unprofessional conduct, or negligence in treating a patient by that provider, facility, or employee.

Finally, notwithstanding the confidentiality of patient health care records under current law, the bill permits a health care provider, health care facility, or employee reporting information relating to a violation of the law or of a clinical or ethical standard, unprofessional conduct, or negligence in treating a patient to a state agency that has the authority to investigate and take action against the provider, facility, or employee for the type of conduct reported to disclose to the agency the name of the patient who is the subject of, and a description of the event giving rise to, the alleged violation, unprofessional conduct, or negligent act.