Law protects voluntary discussions about patient injuries and deaths

Healthcare providers and organizations may voluntarily discuss care-related patient injuries or deaths and possible resolutions through a confidential process. Discussion statements cannot be obtained through legal evidence requests or used as evidence. Otherwise obtainable records stay outside this process if not prepared specifically for it. Each participant must sign a written acknowledgment after the incident and before the discussion. For an incapacitated or deceased patient, providers may speak with a family member or legal representative. Only parties involved in the incident and their representatives, including lawyers, may participate unless the patient agrees otherwise. The discussion rules took effect on May 19, 2026.

Healthcare providers and organizations have protection from liability resulting from a qualifying discussion. The protection covers liability resulting from the discussion itself. It does not grant immunity for the underlying patient care. Providers must act in good faith and follow the rules for discussions after a patient injury or death, including the written acknowledgment requirement. Statements made during the discussion are not admissions of legal responsibility. These protections took effect on May 19, 2026.

Healthcare providers and organizations keep quality improvement committee information protected when they share it in good faith during an open discussion. The rules cover quality improvement committees that review care. Providers need not reveal committee findings, decisions, or conclusions in legal, administrative, or other proceedings unless the law requires disclosure. Good-faith disclosures to a patient or family member during an open discussion do not remove the committee's legal confidentiality protections. State or federal law may require disclosure. Sharing information solely to meet that requirement does not remove its protections or restrictions on its use. These rules took effect on May 19, 2026.