Any information, data, reports, or records made available to a quality assurance committee or utilization committee of a hospital or long-term care facility or of any not-for-profit health care corporation that is a member of the hospital or long-term care facility or of which the hospital or long-term care facility is a member are confidential and shall be used by the committee and the committee members only in the exercise of the proper functions of the committee. Any information, data, reports, or records made available to a utilization committee of a state or local medical society composed of doctors of medicine or doctors of osteopathic medicine are confidential and shall be used by the committee and the committee members only in the exercise of the proper functions of the committee. A right of action similar to that a patient may have against an attending physician for misuse of information, data, reports, or records arising out of the physician-patient relationship shall accrue against a member of a quality assurance committee or utilization committee for misuse of any information, data, reports, or records furnished to the committee by an attending physician. No physician, institution, hospital, or long-term care facility furnishing information, data, reports, or records to a committee with respect to any patient examined or treated by the physician or confined in the institution, hospital, or long-term care facility shall, by reason of the furnishing, be deemed liable in damages to any person, or be held to answer for betrayal of a professional confidence within the meaning and intent of section 4731.22 of the Revised Code. Information, data, or reports furnished to a utilization committee of a state or local medical society shall contain no name of any person involved therein.
Any information, data, reports, or records made available to a quality assurance committee of the bureau of workers' compensation or the industrial commission that is responsible for reviewing the professional qualifications and the performance of providers conducting medical examinations or file reviews for the bureau or the commission are confidential and shall be used by the committee and the committee members only in the exercise of the proper functions of the committee.
As used in this section, "utilization committee" is the committee established to administer a utilization review plan of a hospital, of a not-for-profit health care corporation which is a member of the hospital or of which the hospital is a member, or of a skilled nursing facility as provided in the "Health Insurance for the Aged Act," 79 Stat. 313 (1965), 42 U.S.C. 1395x(k).
Notes of Decisions
Cited in 18
cases (2 in the last 5 years), 1991–2026 · leading case: Brooks v. Ohio State Univ., 676 N.E.2d 162 (Ohio Ct. App. 10th Dist. 1996).
Brooks v. Ohio State Univ., 676 N.E.2d 162 (Ohio Ct. App. 10th Dist. 1996). · cites it 9דThe court conducted an in camera review of the records, documents, transcripts and other information of the review committee proceedings relevant to this matter after which the court entered an order that stated: “[T]he court hereby GRANTS a protective order pursuant to R.C.…”
Ward v. Summa Health Sys., 920 N.E.2d 421 (Ohio Ct. App. 9th Dist. 2009). · cites it 7דThe documents listed on the privilege log are two unusual-occurrence reports, the minutes from the meeting of the Summit County Health District, and the Epidemiological Linked Hepatitis B Case Investigation Final Report (which was produced in a redacted form). The trial court…”
Tenan v. Huston, 845 N.E.2d 549 (Ohio Ct. App. 11th Dist. 2006). · cites it 6דOn April 17, 2003, UHHS responded to Tenan’s discovery requests, but objected to the interrogatories and document requests concerning Dr.”
Large v. Heartland-Lansing of Bridgeport Ohio, L.L.C., 2013-Ohio-2877. · cites it 7דUNDER R.C. 2305.24, “INFORMATION, DATA, REPORTS, OR RECORDS MADE AVAILABLE” TO HEARTLAND-LANSING'S QUALITY ASSURANCE COMMITTEE IS “CONFIDENTIAL AND SHALL BE USED BY THE COMMITTEE AND THE COMMITTEE MEMBERS ONLY IN THE EXERCISE OF THE PROPER FUNCTIONS OF THE COMMITTEE.”
Trangle v. Rojas, 782 N.E.2d 617 (Ohio Ct. App. 8th Dist. 2002). · cites it 4ד” {¶ 16} Lutheran appeals, advancing the following assignment of error: {¶ 17} “The trial court abused its discretion in ordering Lutheran Hospital ‘to provide complete responses to plaintiffs Second Set of Interrogatories and Request for Production of Documents’ because the…”
Dellenbach v. Robinson, 642 N.E.2d 638 (Ohio Ct. App. 10th Dist. 1993). · cites it 3דBy her seventh assignment of error, plaintiff contends that the trial court erred by granting privileges to Grant to shield peer review reports relating to defendant Robinson, and investigative reports relating to the evisceration incident in accordance with R.C. 2305.24 and…”
Cook v. Toledo Hosp., 862 N.E.2d 181 (Ohio Ct. App. 6th Dist. 2006). “” The hospital objected to this request, asserting, among other things, that incident reports are privileged and protected from discovery pursuant to R.C. 2305.24 and 2305.253. 1 {¶ 21} Following the hearing on Cook’s motion to compel production of the disputed documents, the…”
Wilson v. Barnesville Hosp., 783 N.E.2d 554 (Ohio Ct. App. 7th Dist. 2002). “{¶ 17} In a more recent decision, the Eighth District found that “[a]pplying the privileges set forth in R.C. 2305.24, 2305.25 and R.C. 2305.251 to actual documents is a difficult task.”
Flynn v. Univ. Hosp., Inc., 876 N.E.2d 1300 (Ohio Ct. App. 1st Dist. 2007). “{¶ 10} University also contends that the report was privileged under R.C. 2305.24, which provides for the confidentiality of information furnished to a quality-assurance or utilization committee, and under R.”
Badawi v. Ohio State Univ. Wexner Med. Ctr., 2024-Ohio-2503, 247 N.E.3d 999. · cites it 2דPursuant to R.C. 2305.24, “[a]ny information, data, reports, or records” made available to a hospital’s quality assurance team “are confidential and shall be used by the committee and the committee members only in the exercise of the proper functions of the committee.”
State v. Brown, 571 N.E.2d 724 (Ohio 1991). “02(A), and as a report made available to a utilization committee, R.C. 2305.24.” After so concluding, the court of appeals analyzed the reports in light of this court’s decision in State, ex rel.”
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