Okla. Stat. tit. 36, § 36-6928

information.

A. 1. Any data or information pertaining to the diagnosis,

treatment or health of any enrollee or applicant obtained from that

person or from a provider by a health maintenance organization shall

be held in confidence and shall not be disclosed to any person

except:

a. to the extent that it may be necessary to carry out

the purposes of the Health Maintenance Organization

Act of 2003,

b. upon the express consent of the enrollee or applicant,

c. pursuant to statute or court order for the production

of evidence or the discovery thereof, or

d. in the event of claim or litigation between the person

and the health maintenance organization wherein the

data or information is pertinent.

2. A health maintenance organization shall be entitled to claim

any statutory privileges against disclosure that the provider who

furnished the information to the health maintenance organization is

entitled to claim.

B. A person who, in good faith and without malice, takes an

action or makes a decision or recommendation as a member, agent or

employee of a health care review committee or who furnishes any

records, information or assistance to such a committee shall not be

subject to liability for civil damages or any legal action in

consequence of the action, nor shall the health maintenance

organization that established the committee or the officers,

directors, employees or agents of the health maintenance

organization be liable for the activities of the person. This

section shall not be construed to relieve any person of liability

arising from treatment of a patient.

C. 1. The information considered by a health care review

committee and the records of the committee’s actions and proceedings

shall be confidential and not subject to subpoena or order to

produce except in proceedings before the appropriate state licensing

or certifying agency, or in an appeal, if permitted, from the

committee’s findings or recommendations. No member of a health care

review committee, or officer, director or other member of a health

maintenance organization or its staff engaged in assisting a

committee, or a person assisting or furnishing information to a

committee may be subpoenaed to testify in any judicial or quasi-

judicial proceeding if the subpoena is based solely on such

activities.

2. Information considered by a health care review committee and

the records of its actions and proceedings that are used pursuant to

the provisions of paragraph 1 of this subsection by a state

licensing or certifying agency or in an appeal shall be kept

Oklahoma Statutes - Title 36. Insurance Page 1411

confidential and shall be subject to the same provisions concerning

discovery and use in legal actions as the original information and

records in the possession and control of a health care review

committee.

D. To fulfill its obligations under Section 7 of this act, a

health maintenance organization shall have access to treatment

records and other information pertaining to the diagnosis, treatment

or health status of an enrollee.