Discovery of medical incident reportsOctober 11, 2016 The Kentucky Supreme Court recently reviewed the limited discovery privilege offered by the federal Patient Safety and Quality Improvement Act, 42 USC 299b, et seq. (“PSQIA”). Baptist Health Richmond, Inc. v. Clouse, 2016 Ky. LEXIS 430 (Ky. Sept. 22, 2015). The discovery requests at issue in the medical and hospital negligence suit sought “any and all incident reports, investigation reports, sentinel event reports, root cause analysis reports, Joint Commission reports, Medicare reports, Medicaid reports, peer review reports and reports" relating to the plaintiff. In assessing whether the PSQIA protects the requested documents from disclosure, the Court reviewed in detail its earlier plurality decision regarding the PSQIA, Tibbs v. Bunnell, 448 S.W.3d 796, 804 (Ky. 2014). The Court also considered the history and purpose of the PSQIA, along with recent guidance from the federal Department of Health and Human Services regarding interpretation and implementation of the PSQIA. The Court concluded that “a provider who participates in the [PSQIA] may collect information within its patient safety evaluation system that complies with the [PSQIA] and that also complies with state statutory and regulatory requirements.” However, “doing so does not relieve the provider from complying with those state requirements and, to the extent information collected in the provider’s internal patient safety evaluation system is needed to comply with those state requirements, it is not privileged.” |