32.1-276.9 - Confidentiality, subsequent release of data and relief from liability for reporting; penalty for wrongful disclosure; individual action for damages.
§ 32.1-276.9. Confidentiality, subsequent release of data and relief fromliability for reporting; penalty for wrongful disclosure; individual actionfor damages.
A. Patient level data collected pursuant to this chapter shall be exempt fromthe provisions of the Virginia Freedom of Information Act (§ 2.2-3700 etseq.), shall be considered confidential, and shall not be disclosed otherthan as specifically authorized by this chapter; however, upon processing andverification by the nonprofit organization, all patient level data shall bepublicly available, except patient, physician, and employer identifierelements, which may be released solely for research purposes if otherwisepermitted by law and only if such identifier is encrypted and cannot bereasonably expected to reveal patient identities. No report published by thenonprofit organization, the Commissioner, or other person may presentinformation that reasonably could be expected to reveal the identity of anypatient. Publicly available information shall be designed to prevent personsfrom being able to gain access to combinations of patient characteristic dataelements that reasonably could be expected to reveal the identity of anypatient. The nonprofit organization, in its discretion, may release physicianand employer identifier information. Outpatient surgical charge data shall bemade publicly available only pursuant to a review by the Joint Commission onHealth Care.
B. No person or entity, including the nonprofit organization contracting withthe Commissioner, shall be held liable in any civil action with respect toany report or disclosure of information made under this article unless suchperson or entity has knowledge of any falsity of the information reported ordisclosed.
C. Any disclosure of information made in violation of this chapter shall besubject to a civil penalty of not more than $5,000 per violation. Thisprovision shall be enforceable upon petition to the appropriate circuit courtby the Attorney General, any attorney for the Commonwealth, or any attorneyfor the county, city or town in which the violation occurred. Any penaltyimposed shall be payable to the Literary Fund. In addition, any person orentity who is the subject of any disclosure in violation of this articleshall be entitled to initiate an action to recover actual damages, if any, or$500, whichever is greater, together with reasonable attorney's fees andcourt costs.
(1996, c. 902; 2001, c. 341.)