(1) Open discussion communications and offers of compensation made under section 25-51-103 and in substantial compliance with this article 51: (a) Do not constitute an admission of liability; (b) Are privileged and confidential and shall not be disclosed; (c) Are not admissible as evidence in any subsequent judicial, administrative, or arbitration proceeding arising directly out of the adverse health-care incident; (d) Are not subject to discovery, subpoena, or other means of legal compulsion for release; and (e) Shall not be disclosed by any party in any subsequent judicial, administrative, or arbitration proceeding arising directly out of the adverse health-care incident. (2) Communications, memoranda, work product, documents, and other materials that are otherwise subject to discovery and that were not prepared specifically for use in an open discussion under section 25-51-103 are not confidential. (3) The limitation on disclosure imposed by this section includes disclosure during any discovery conducted as part of a subsequent adjudicatory proceeding arising directly out of the adverse health-care incident, and a court or other adjudicatory body shall not compel any person who engages in an open discussion under this article 51 to disclose confidential communications or agreements made under section 25-51-103. (4) This section does not affect any other law, rule, or requirement with respect to confidentiality.
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