C.F.R. » Title 42 » CHAPTER I—PUBLIC HEALTH SERVICE, DEPARTMENT OF HEALTH AND HUMAN SERVICES › SUBCHAPTER A—GENERAL PROVISIONS › PART 3—PATIENT SAFETY ORGANIZATIONS AND PATIENT SAFETY WORK PRODUCT › Subpart C—Confidentiality and Privilege Protections of Patient Safety Work Product

42 C.F.R. § 3.204

Privilege of patient safety work product

Read at: eCFRecfr.gov CornellLII GovInfogovinfo.gov CasesGoogle Scholar

(a) Privilege. Notwithstanding any other provision of Federal, State, local, or Tribal law and subject to paragraph (b) of this section and § 3.208 of this subpart, patient safety work product shall be privileged and shall not be:

(1) Subject to a Federal, State, local, or Tribal civil, criminal, or administrative subpoena or order, including in a Federal, State, local, or Tribal civil or administrative disciplinary proceeding against a provider;

(2) Subject to discovery in connection with a Federal, State, local, or Tribal civil, criminal, or administrative proceeding, including in a Federal, State, local, or Tribal civil or administrative disciplinary proceeding against a provider;

(3) Subject to disclosure pursuant to section 552 of Title 5, United States Code (commonly known as the Freedom of Information Act) or any other similar Federal, State, local, or Tribal law;

(4) Admitted as evidence in any Federal, State, local, or Tribal governmental civil proceeding, criminal proceeding, administrative rulemaking proceeding, or administrative adjudicatory proceeding, including any such proceeding against a provider; or

(5) Admitted in a professional disciplinary proceeding of a professional disciplinary body established or specifically authorized under State law.

(b) Exceptions to privilege. Privilege shall not apply to (and shall not be construed to prohibit) one or more of the following disclosures:

(1) Disclosure of relevant patient safety work product for use in a criminal proceeding, subject to the conditions at § 3.206(b)(1) of this subpart.

(2) Disclosure to the extent required to permit equitable relief subject to the conditions at § 3.206(b)(2) of this subpart.

(3) Disclosure pursuant to provider authorizations subject to the conditions at § 3.206(b)(3) of this subpart.

(4) Disclosure of non-identifiable patient safety work product subject to the conditions at § 3.206(b)(5) of this subpart.

(c) Implementation and enforcement by the Secretary. Privilege shall not apply to (and shall not be construed to prohibit) disclosures of relevant patient safety work product to or by the Secretary if such patient safety work product is needed to investigate or determine compliance, or to seek or impose civil money penalties, with respect to this part or the HIPAA Privacy Rule, or to make or support decisions with respect to listing of a PSO.

Notes of Decisions
Cited in 4 cases (2 in the last 5 years), 2014–2024 · leading case: Tibbs v. Bunnell
Sort: Relevance Newest Treatment
Tibbs v. Bunnell (2014) ky “…disciplinary proceeding against a provider;.... 42 C.F.R. § 3.204 . The alleged “incident report,” or, as Appellants refer to it, the "incident/event report," has yet to be produced. However, given Appellants’ petition for a writ, the current appea”
University of Kentucky v. Bunnell (2017) kyctapp “- § 299b-22(c); 42 C.F.R. § 3.204 (b), 3.206(b)). .”
Sunrise Hosp. v. Eighth Jud. Dist. Ct. (2024) nev · cites it 6× “208 , states that patient safety work product disclosed in accordance with 42 C.F.R. § 3.204 (b)(1) or disclosed impermissibly shall remain privileged.”
Sunrise Hosp. v. Eighth Jud. Dist. Ct. (2024) nev · cites it 6× “208 , states that patient safety work product disclosed in accordance with 42 C.F.R. § 3.204 (b)(1) or disclosed impermissibly shall remain privileged.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.