1.1                          A bill for an act
  1.2             relating to civil actions; making data and information 
  1.3             acquired by a review organization subject to subpoena 
  1.4             and discovery; amending Minnesota Statutes 1994, 
  1.5             section 145.64, subdivision 1. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  Minnesota Statutes 1994, section 145.64, 
  1.8   subdivision 1, is amended to read: 
  1.9      Subdivision 1.  [DATA AND INFORMATION.] All data and 
  1.10  information acquired by a review organization, in the exercise 
  1.11  of its duties and functions, or by an individual or other entity 
  1.12  acting at the direction of a review organization, shall be held 
  1.13  in confidence, shall not be disclosed to anyone except to the 
  1.14  extent necessary to carry out one or more of the purposes of the 
  1.15  review organization, and shall not be subject to subpoena or 
  1.16  discovery.  No person described in section 145.63 shall disclose 
  1.17  what transpired at a meeting of a review organization except to 
  1.18  the extent necessary to carry out one or more of the purposes of 
  1.19  a review organization.  The proceedings and records of a review 
  1.20  organization, other than information and data acquired by the 
  1.21  review organization, shall not be subject to discovery or 
  1.22  introduction into evidence in any civil action against a 
  1.23  professional arising out of the matter or matters which are the 
  1.24  subject of consideration by the review organization.  
  1.25  Information, documents or records otherwise available from 
  2.1   original sources shall not be immune from discovery or use in 
  2.2   any civil action merely because they were presented during 
  2.3   proceedings of a review organization, nor shall any person who 
  2.4   testified before a review organization or who is a member of it 
  2.5   be prevented from testifying as to matters within the person's 
  2.6   knowledge, but a witness cannot be asked about the witness' 
  2.7   testimony before a review organization or opinions formed by the 
  2.8   witness as a result of its hearings.  
  2.9      The confidentiality protection and protection from 
  2.10  discovery or introduction into evidence provided in this 
  2.11  subdivision shall also apply to the governing body of the review 
  2.12  organization and shall not be waived as a result of referral of 
  2.13  a matter from the review organization to the governing body or 
  2.14  consideration by the governing body of decisions, 
  2.15  recommendations, or documentation of the review organization. 
  2.16     The governing body of a hospital, health maintenance 
  2.17  organization, community integrated service network, or 
  2.18  integrated service network, that is owned or operated by a 
  2.19  governmental entity, may close a meeting to discuss decisions, 
  2.20  recommendations, deliberations, or documentation of the review 
  2.21  organization.  A meeting may not be closed except by a majority 
  2.22  vote of the governing body in a public meeting.  The closed 
  2.23  meeting must be tape recorded and the tape must be retained by 
  2.24  the governing body for five years.