Kentucky High Court Says Nurse Consultant Notes Protected From Disclosure

Mealey's (January 5, 2021, 7:42 AM EST) -- FRANKFORT, Ky. — The Kentucky Supreme Court on Dec. 17 overturned an appeals court’s denial of a petition filed by a skilled nursing facility that sought to block disclosure of nurse consultant reports prepared for its quality assurance performance improvement (QAPI) committee for use in a lawsuit accusing it of negligence, finding that the records are protected by the Federal Quality Assurance Privilege (FQAP), a subsection of the Federal Nursing Home Reform Act (FNHRA), because the documents are reviewed by the committee and used to render decisions and comply with the statute....

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