(1) Any information, data, reports, or records made available to a utilization review committee of a hospital or other health care facility, as required by state or federal law, is confidential and shall be used by such committee and the members thereof only in the exercise of the proper functions of the committee. It shall not be a violation of a privileged communication for any physician, dentist, podiatrist, hospital, or other health care facility or person to furnish information, data, reports, or records to any such utilization review committee concerning any patient examined or treated by the same or confined in such hospital or facility, which information, data, reports, or records relate to the proper functions of the utilization review committee. No member of such a committee shall be liable for damages to or for any such patient by reason of recommendations made by the committee in the exercise of the proper function of the committee, except for willful or reckless disregard of the patients safety.
(2) As used in this section, utilization review committee means a committee established for the purpose of evaluating the quantity, quality, and timeliness of health care services rendered under the Colorado Medical Assistance Act and in compliance with Titles XVIII and XIX of the federal Social Security Act, as amended.
(3) The privilege created by subsection (1) of this section shall not prevent any such information, data, reports, or records which have been made available to a utilization review committee from being admitted in evidence or otherwise made available for use in the review process referred to in section 13-90-107 (1)(d)(III) and (1)(d)(IV).
Source: L. 70: P. 161, 1. C.R.S. 1963: 41-2-10. L. 76: (3) added, p. 525, 1, effective July 1. L. 2007: (2) amended, p. 2025, 25, effective June 1.
Cross references: For the Colorado Medical Assistance Act, see article 4 of title 25.5.
Requirements for privilege. To be privileged under this section the information sought must meet two requirements: (1) It must be furnished to a utilization review committee, defined as a committee formed for the purpose of evaluating the quantity, quality and timeliness of services rendered under the Colorado medical assistance act and Titles XVIII and XIX of the federal Social Security Act; and (2) it must be information provided to that utilization review committee in order to satisfy requirements of state or federal law. Sherman v. District Court, 637 P.2d 378 (Colo. 1981).