Mass. Gen. Laws. Ann. ch. 111, §205 - Information and records necessary to comply with risk management and quality assurance programs

“Information and records necessary to comply with risk management and quality assurance programs; confidentiality; definitions”
 
This section defineshealth care facility, patient care assessment coordinator, and risk management and quality assurance programs established by the board of registration in medicine.

1. “Health care facility”, any entity required to participate in risk management and quality assurance programs established by the board of registration in medicine.
2. “Patient care assessment coordinator”, a person or committee designated by a health care facility to implement and coordinate the facility’s compliance with risk management and quality assurance programs established by the board of registration in medicine.
3. “Risk management and quality assurance programs established by the board of registration in medicine”, programs and activities undertaken pursuant to regulations promulgated by the board of registration in medicine under section two hundred and three of this chapter and sections five and five I of chapter one hundred and twelve.

 
The patient care assessment coordinatormay designate the information and records necessary to comply risk management quality assurance. This may include information necessary to the work product of medical peer review committees, incident reports that must be made available to the board of registration in medicine, and any info collected by a physician credentialing verification service.  This information and records may be inspected, maintained and utilized by the board of registration in medicine. This information and records must remain confidential and not subject to subpoena, discovery or introduction into evidence.
 
However, these records may not remain confidential if they are disclosed in an adjudicatory proceeding of the board of registration in medicine. Records that are not necessary to comply with risk management and quality assurance programs established by the board of registration in medicine are not to be deemed proceedings, reports or records of a medical peer review under this section. No person is prevented by the provisions of this section from testifying as to matters known by such person independent of risk management and quality assurance programs established by the board of registration in medicine.