Case Study #5 Upon Employment at Your Facility, All New

Case Study #5 Upon employment at your facility, all new employees read, demonstrate understanding, and sign Confidentiality Statements. Disclosure of confidential information is grounds for immediate dismissal. Each year, during the annual performance evaluation, every employee again reads, demonstrates understanding, and signs the Confidentiality Statement. You are the Director of the Quality Department. Your Department has found that the femoral-popliteal bypass failure rate of one of your vascular surgeons, Dr. Z., is twice that of the national average. Members of the surgery department have reviewed that vascular surgeon's performance both by reading the medical records and by watching videos of her surgery. The Surgery Department and the Executive Committee have decided to deny reappointment for this surgeon. Lucille X, the mother of one of your quality coordinators, has severe peripheral vascular disease. She was admitted to your facility and has an angiogram. The angiogram shows that she should have a femoral-popliteal bypass. She had told you that she would be in your facility and asked you to visit her. You are now fulfilling that promise and are also bringing her flowers. While pausing to knock on her door, you hear your employee, Mary G., vehemently state to her mother, "Mom, Dr. Z is z quack; half of her bypass surgeries fail. You must have Dr. DoGood!" Referring to Case Study #5, are the meeting minutes about the decisions regarding Dr. Z of Department of Surgery and of the Executive Committee admissible in court?

A) Yes, federal amendments to the Medicare Act require release of peer review.
B) Yes, state laws allow discovery of medical review committee records.
C) No, the federal Freedom of Information Act and state "sunshine laws" protect peer review.
D) No, under state laws, records of medical review committees are not subject to introduction into evidence.