Page:United States Statutes at Large Volume 100 Part 5.djvu/429

 PUBLIC LAW 99-661—NOV. 14, 1986

100 STAT. 3903

"(E) To an officer, employee, or contractor of the Department of Defense who has a need for such record or testimony to perform official duties. "(F) To a criminal or civil law enforcement agency or instrumentality charged under applicable law with the protection of the public health or safety, if a qualified representative of such agency or instrumentality makes a written request that such record or testimony be provided for a purpose authorized by law. "(G) In an administrative or judicial proceeding commenced by a criminal or civil law enforcement agency or instrumentality referred to in subparagraph (F), but only with respect to the subject of such proceeding, "(2) With the exception of the subject of a quality assurance action, the identity of any person receiving health care services from the Department of Defense or the identity of any other person associated with such department for purposes of a medical quality assurance program that is disclosed in a medical quality assurance record described in subsection (a) shall be deleted from that record or document before any disclosure of such record is made outside the Department of Defense. Such requirement does not apply to the release of information pursuant to section 552a of title 5, United States Code. "(d) DISCLOSURE FOR CERTAIN PURPOSES.—(1) Nothing in this section shall be construed as authorizing or requiring the withholding from any person or entity aggregate statistical information regarding the results of Department of Defense medical quality assurance programs. "(2) Nothing in this section shall be construed as authority to withhold any medical quality assurance record from a committee of either House of Congress, any joint committee of Congress, or the General Accounting Office if such record pertains to any matter within their respective jurisdictions. "(e) PROHIBITION ON DISCLOSURE OF RECORD OR TESTIMONY.—A

person or entity having possession of or access to a record or testimony described by this section may not disclose the contents of such record or testimony in any manner or for any purpose except as provided in this section.

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"(f) EXEMPTION FROM FREEDOM OF INFORMATION ACT.—Medical

quality assurance records described in subsection (a) may not be made available to any person under section 552 of title 5. "(g) LIMITATION ON CIVIL LIABILITY.—A person who participates in

or provides information to a person or body that reviews or creates medical quality assurance records described in subsection (a) shall not be civilly liable for such participation or for providing such information if the participation or provision of information was in good faith based on prevailing professional standards at the time the medical quality assurance program activity took place. "(h) APPLICATION TO INFORMATION IN CERTAIN OTHER RECORDS.—

Nothing in this section shall be construed as limiting access to the information in a record created and maintained outside a medical quality assurance program, including a patient's medical records, on the grounds that the information was presented during meetings of a review body that are part of a medical quality assurance program. "(i) REGULATIONS.—The Secretary of Defense shall prescribe regulations to implement this section. "(j) DEFINITIONS.—In this section:

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