(a) All information and records acquired by the State Team or by a local team, in the exercise of its purpose and duties under this subtitle, are confidential, exempt from disclosure under Title 4 of the General Provisions Article, and may only be disclosed as necessary to carry out the team's duties and purposes. (b) Statistical compilations of data that do not contain any information that would permit the identification of any person to be ascertained are public records. (c) Reports of the State Team and of a local team that do not contain any information that would permit the identification of any person to be ascertained are public information. (d) Except as necessary to carry out a team's purpose and duties, members of a team and persons attending a team meeting may not disclose what transpired at a meeting that is not public under § 5-708 of this subtitle or any information the disclosure of which is prohibited by this section. (e) Members of a team, persons attending a team meeting, and persons who present information to a team may not be questioned in any civil or criminal proceeding regarding information presented in or opinions formed as a result of a meeting. This subsection does not prohibit a person from testifying to information obtained independently of the team or that is public information. (f) (1) Except as provided in paragraph (2) of this subsection, information, documents, and records of the State Team or of a local team are not subject to subpoena, discovery, or introduction into evidence in any civil or criminal proceeding. (2) Information, documents, and records otherwise available from other sources are not immune from subpoena, discovery, or introduction into evidence through those sources solely because they were presented during proceedings of the team or are maintained by a team. (g) Violation of this section is a misdemeanor and is punishable by a fine not exceeding $500 or imprisonment not exceeding 90 days or both. §5-801. IN EFFECT (a) In this subtitle the following words have the meanings indicated. (b) "Aggregate incident data" means information or statistics maintained by the Office of Health Care Quality on the reported incidents of Level III serious injuries at health care facilities. (c) "Committee" means the Mortality and Quality Review Committee. §5-801. // EFFECTIVE DECEMBER 31, 2032 PER CHAPTER 221 OF 2022 // In this subtitle, "Committee" means the Mortality Review Committee. §5-802. IN EFFECT (a) There is a Mortality and Quality Review Committee established within the Department. (b) The purpose of the Committee is to prevent avoidable injuries and avoidable deaths and to improve the quality of care provided to persons with developmental disabilities. §5-802. // EFFECTIVE DECEMBER 31, 2032 PER CHAPTER 221 OF 2022 // (a) There is a Mortality Review Committee established within the Department. (b) The purpose of the Committee is to prevent avoidable deaths and to improve the quality of care provided to persons with developmental disabilities. §5-803. IN EFFECT The Committee shall: (1) Evaluate causes or factors contributing to deaths in facilities or programs: (i) Operated or licensed by the Developmental Disabilities Administration; (ii) Licensed by the Behavioral Health Administration to provide mental health services and identified in § 10-713(a) of this article; or (iii) Operating by waiver under § 7-903(b) of this article; (2) Review aggregate incident data regarding facilities or programs that are licensed or operated by the Developmental Disabilities Administration or operating by waiver under § 7-903(b) of this article; (3) Identify patterns and systemic problems and ensure consistency in the review process; and (4) Make recommendations to the Secretary and the Secretary of Disabilities to prevent avoidable injuries and avoidable deaths and improve quality of care. §5-803. // EFFECTIVE DECEMBER 31, 2032 PER CHAPTER 221 OF 2022 // The Committee shall: (1) Evaluate causes or factors contributing to deaths in facilities or programs: (i) Operated or licensed by the Developmental Disabilities Administration; (ii) Licensed by the Behavioral Health Administration to provide mental health services and identified in § 10-713(a) of this article; or (iii) Operating by waiver under § 7-903(b) of this article; (2) Identify patterns and systemic problems and ensure consistency in the review process; and (3) Make recommendations to the Secretary to prevent avoidable deaths and improve quality of care.
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