{"data":{"id":"us-ok/okla.-stat.-tit.-36-36-6928","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 36, § 36-6928","heading":"Disclosure of diagnostic, treatment or health status","body":"information.\n\nA. 1. Any data or information pertaining to the diagnosis,\n\ntreatment or health of any enrollee or applicant obtained from that\n\nperson or from a provider by a health maintenance organization shall\n\nbe held in confidence and shall not be disclosed to any person\n\nexcept:\n\na. to the extent that it may be necessary to carry out\n\nthe purposes of the Health Maintenance Organization\n\nAct of 2003,\n\nb. upon the express consent of the enrollee or applicant,\n\nc. pursuant to statute or court order for the production\n\nof evidence or the discovery thereof, or\n\nd. in the event of claim or litigation between the person\n\nand the health maintenance organization wherein the\n\ndata or information is pertinent.\n\n2. A health maintenance organization shall be entitled to claim\n\nany statutory privileges against disclosure that the provider who\n\nfurnished the information to the health maintenance organization is\n\nentitled to claim.\n\nB. A person who, in good faith and without malice, takes an\n\naction or makes a decision or recommendation as a member, agent or\n\nemployee of a health care review committee or who furnishes any\n\nrecords, information or assistance to such a committee shall not be\n\nsubject to liability for civil damages or any legal action in\n\nconsequence of the action, nor shall the health maintenance\n\norganization that established the committee or the officers,\n\ndirectors, employees or agents of the health maintenance\n\norganization be liable for the activities of the person. This\n\nsection shall not be construed to relieve any person of liability\n\narising from treatment of a patient.\n\nC. 1. The information considered by a health care review\n\ncommittee and the records of the committee’s actions and proceedings\n\nshall be confidential and not subject to subpoena or order to\n\nproduce except in proceedings before the appropriate state licensing\n\nor certifying agency, or in an appeal, if permitted, from the\n\ncommittee’s findings or recommendations. No member of a health care\n\nreview committee, or officer, director or other member of a health\n\nmaintenance organization or its staff engaged in assisting a\n\ncommittee, or a person assisting or furnishing information to a\n\ncommittee may be subpoenaed to testify in any judicial or quasi-\n\njudicial proceeding if the subpoena is based solely on such\n\nactivities.\n\n2. Information considered by a health care review committee and\n\nthe records of its actions and proceedings that are used pursuant to\n\nthe provisions of paragraph 1 of this subsection by a state\n\nlicensing or certifying agency or in an appeal shall be kept\n\nconfidential and shall be subject to the same provisions concerning\n\ndiscovery and use in legal actions as the original information and\n\nrecords in the possession and control of a health care review\n\ncommittee.\n\nD. To fulfill its obligations under Section 7 of this act, a\n\nhealth maintenance organization shall have access to treatment\n\nrecords and other information pertaining to the diagnosis, treatment\n\nor health status of an enrollee.","path":["OK Code","Title 36"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os36.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"c4c8ded6e65ff5d9605d7e49fcb775d705241248e7271e97b58732d948175ee9","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-36-36-6927","next":"us-ok/okla.-stat.-tit.-36-36-6929"},"notice":"GroundRules: Original legal text. Not legal advice."}