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. § 3.208

Continued protection of patient safety work product

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(a) Except as provided in paragraph (b) of this section, patient safety work product disclosed in accordance with this subpart, or disclosed impermissibly, shall continue to be privileged and confidential.

(b)(1) Patient safety work product disclosed for use in a criminal proceeding pursuant to section 922(c)(1)(A) of the Public Health Service Act, 42 U.S.C. 299b-22(c)(1)(A), and/or pursuant to § 3.206(b)(1) of this subpart continues to be privileged, but is no longer confidential.

(2) Non-identifiable patient safety work product that is disclosed is no longer privileged or confidential and not subject to the regulations under this part.

(3) Paragraph (b) of this section applies only to the specific patient safety work product disclosed.

Notes of Decisions
Cited in 3 cases (3 in the last 5 years), 2024–2025 · leading case: Sunrise Hosp. v. Eighth Jud. Dist. Ct., 140 Nev. Adv. Op. No. 12 (Nev. 2024).
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Sunrise Hosp. v. Eighth Jud. Dist. Ct., 140 Nev. Adv. Op. No. 12 (Nev. 2024). · cites it 6× “! The regulation, 42 C.F.R. § 3.208 , states that patient safety work product disclosed in accordance with 42 C.”
Sunrise Hosp. v. Eighth Jud. Dist. Ct., 140 Nev. Adv. Op. No. 12 (Nev. 2024). · cites it 6× “I The regulation, 42 C.F.R. § 3.208 , states that patient safety work product disclosed in accordance with 42 C.”
Fielding, G. v. Wayne Mem'l Hosp. (Pa. Super. Ct. 2025). · cites it 2× “§ 299b-22(d)(1) (emphasis added); see also 42 C.F.R. § 3.208 (a) (“ . . . patient safety work product disclosed in accordance with this subpart, or disclosed impermissibly, shall continue to be privileged and confidential”) (emphasis added).”
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