[Congressional Record Volume 169, Number 124 (Wednesday, July 19, 2023)]
[Senate]
[Page S3420]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 978. Mr. MORAN submitted an amendment intended to be proposed by 
him to the bill S. 2226, to authorize appropriations for fiscal year 
2024 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end of subtitle G of title X, add the following:

     SEC. 1083. CONFIDENTIALITY OF MEDICAL QUALITY ASSURANCE 
                   RECORDS.

       (a) In General.--Chapter 313 of title 51, United States 
     Code, is amended by adding at the end the following:

     ``SEC. 31303. CONFIDENTIALITY OF MEDICAL QUALITY ASSURANCE 
                   RECORDS.

       ``(a) In General.--Except as provided in subsection 
     (b)(1)--
       ``(1) a medical quality assurance record, or any part of a 
     medical quality assurance record, may not be subject to 
     discovery or admitted into evidence in a judicial or 
     administrative proceeding; and
       ``(2) an individual who reviews or creates a medical 
     quality assurance record for the Administration, or 
     participates in any proceeding that reviews or creates a 
     medical quality assurance record, may not testify in a 
     judicial or administrative proceeding with respect to--
       ``(A) the medical quality assurance record; or
       ``(B) any finding, recommendation, evaluation, opinion, or 
     action taken by such individual or in accordance with such 
     proceeding with respect to the medical quality assurance 
     record.
       ``(b) Disclosure of Records.--
       ``(1) In general.--Notwithstanding subsection (a), a 
     medical quality assurance record may be disclosed to--
       ``(A) a Federal agency or private entity, if the medical 
     quality assurance record is necessary for the Federal agency 
     or private entity to carry out--
       ``(i) licensing or accreditation functions relating to 
     Administration healthcare facilities; or
       ``(ii) monitoring of Administration healthcare facilities 
     required by law;
       ``(B) a Federal agency or healthcare provider, if the 
     medical quality assurance record is required by the Federal 
     agency or healthcare provider to enable Administration 
     participation in a healthcare program of the Federal agency 
     or healthcare provider;
       ``(C) a criminal or civil law enforcement agency, or an 
     instrumentality authorized by law to protect the public 
     health or safety, on written request by a qualified 
     representative of such agency or instrumentality submitted to 
     the Administrator that includes a description of the lawful 
     purpose for which the medical quality assurance record is 
     requested;
       ``(D) to an official of the Department of Justice who is 
     investigating a claim or potential claim against the 
     Administration or in response to litigation or potential 
     litigation involving the Administration when the records are 
     deemed relevant and necessary;
       ``(E) an officer, an employee, or a contractor of the 
     Administration who requires the medical quality assurance 
     record to carry out an official duty associated with 
     healthcare;
       ``(F) healthcare personnel, to the extent necessary to 
     address a medical emergency affecting the health or safety of 
     an individual;
       ``(G) any committee, panel, or board convened by the 
     Administration to review the healthcare-related policies and 
     practices of the Administration; and
       ``(H) pursuant to the order of a court of competent 
     jurisdiction.
       ``(2) Subsequent disclosure prohibited.--An individual or 
     entity to whom a medical quality assurance record has been 
     disclosed under paragraph (1) may not make a subsequent 
     disclosure of the medical quality assurance record.
       ``(c) Personally Identifiable Information.--
       ``(1) In general.--Except as provided in paragraph (2), the 
     personally identifiable information contained in a medical 
     quality assurance record of a patient or an employee of the 
     Administration, or any other individual associated with the 
     Administration for purposes of a medical quality assurance 
     program, shall be removed before the disclosure of the 
     medical quality assurance record to an entity other than the 
     Administration.
       ``(2) Exception.--Personally identifiable information 
     described in paragraph (1) may be released to an entity other 
     than the Administration if the Administrator makes a 
     determination that the release of such personally 
     identifiable information--
       ``(A) is in the best interests of the Administration; and
       ``(B) does not constitute an unwarranted invasion of 
     personal privacy.
       ``(d) Exclusion From FOIA.--A medical quality assurance 
     record may not be made available to any person under section 
     552 of title 5, United States Code (commonly referred to as 
     the `Freedom of Information Act'), and this section shall be 
     considered a statute described in subsection (b)(3)(B) of 
     such section 522.
       ``(e) Regulations.--Not later than one year after the date 
     of the enactment of this section, the Administrator shall 
     promulgate regulations to implement this section.
       ``(f) Rules of Construction.--Nothing in this section shall 
     be construed--
       ``(1) to withhold a medical quality assurance record from a 
     committee of the Senate or House of Representatives or a 
     joint committee of Congress if the medical quality assurance 
     record relates to a matter within the jurisdiction of such 
     committee or joint committee; or
       ``(2) to limit the use of a medical quality assurance 
     record within the Administration, including the use by a 
     contractor or consultant of the Administration.
       ``(g) Definitions.--In this section:
       ``(1) Medical quality assurance record.--The term `medical 
     quality assurance record' means any proceeding, discussion, 
     record, finding, recommendation, evaluation, opinion, 
     minutes, report, or other document or action that results 
     from a quality assurance committee, quality assurance 
     program, or quality assurance program activity.
       ``(2) Quality assurance program.--
       ``(A) In general.--The term `quality assurance program' 
     means a comprehensive program of the Administration--
       ``(i) to systematically review and improve the quality of 
     medical and behavioral health services provided by the 
     Administration to ensure the safety and security of 
     individuals receiving such health services; and
       ``(ii) to evaluate and improve the efficiency, 
     effectiveness, and use of staff and resources in the delivery 
     of such health services.
       ``(B) Inclusion.--The term `quality assurance program' 
     includes any activity carried out by or for the 
     Administration to assess the quality of medical care provided 
     by the Administration.''.
       (b) Technical and Conforming Amendment.--The table of 
     sections for chapter 313 of title 51, United States Code, is 
     amended by adding at the end the following:

``31303. Confidentiality of medical quality assurance records.''.
                                 ______