                                 CODE OF VIRGINIA

CONFIDENTIALITY, SUBSEQUENT RELEASE OF DATA AND RELIEF FROM LIABILITY FOR
REPORTING; PENALTY FOR WRONGFUL DISCLOSURE; INDIVIDUAL ACTION FOR DAMAGES (§
32.1-276.9)

A. Patient level data collected pursuant to this chapter shall be exempt from
the provisions of the Virginia Freedom of Information Act (&#xA7; 2.2-3700 et
seq.), shall be considered confidential, and shall not be disclosed other than
as specifically authorized by this chapter; however, upon processing and
verification by the nonprofit organization, all patient level data shall be
publicly available, except patient, physician, and employer identifier elements,
which may be released solely for research purposes if otherwise permitted by law
and only if such identifier is encrypted and cannot be reasonably expected to
reveal patient identities. No report published by the nonprofit organization,
the Commissioner, or other person may present information that reasonably could
be expected to reveal the identity of any patient. Publicly available
information shall be designed to prevent persons from being able to gain access
to combinations of patient characteristic data elements that reasonably could be
expected to reveal the identity of any patient. The nonprofit organization, in
its discretion, may release physician and employer identifier information.
Outpatient surgical charge data shall be made publicly available only pursuant
to a review by the Joint Commission on Health Care.

B. No person or entity, including the nonprofit organization contracting with
the Commissioner, shall be held liable in any civil action with respect to any
report or disclosure of information made under this article unless such person
or entity has knowledge of any falsity of the information reported or disclosed.

C. Any disclosure of information made in violation of this chapter shall be
subject to a civil penalty of not more than $5,000 per violation. This provision
shall be enforceable upon petition to the appropriate circuit court by the
Attorney General, any attorney for the Commonwealth, or any attorney for the
county, city or town in which the violation occurred. Any penalty imposed shall
be payable to the Literary Fund. In addition, any person or entity who is the
subject of any disclosure in violation of this article shall be entitled to
initiate an action to recover actual damages, if any, or $500, whichever is
greater, together with reasonable attorney&#8217;s fees and court costs.

HISTORY: 1996, c. 902; 2001, c. 341.