SB 124 — HEALTH CARE: Provides relative to peer review of health systems. (8/1/26)

SLS 26RS-388 REENGROSSED Regular Session ENROLLED SENATE BILL NO.

124 BY SENATOR TALBOT HEALTHAN CARE.ACT To amend and reenact the introductory paragraph of R.S.13:3715.3(A), 3715.3(A)(2), (B), and (G)(1)(b) and to enact R.S.

Provides relative to peer review of health systems.

(8/1/26) AN ACT To amend and reenact the introductoryparagraph of R.S.13:3715.3(A), 3715.3(A)(2), (B), and (G)(1)(b) and to enact R.S.

* * * (2) Any hospital committee, health system committee, the peer review committees of any medical organization, dental association, professional nursing Pageassociation, 1nursing home association, social workers association, group medical practice of 5twenty Coding:or more physicians, nursing home, ambulatory surgical center licensed pursuant to R.S.

40:2131 et seq., ambulance service company, health maintenance organization, any nationally recognized improvement agency or commission, including but not limited to the Joint Commission on Accreditation of Healthcare Organizations (JCAHO), or any committee or agency thereof, or any healthcare licensure agency of the Louisiana Department of Health, or healthcare provider as defined in R.S.

40:1299.41(A), or extended care facility committee, Page 1 of 4 Coding:

SLS 26RS-388 REENGROSSED SB NO.

124 association,ENROLLED nursingincluding homebut association,not sociallimited workersto association,the groupcredentials committee, the medical practicestaff executive committee,theriskmanagementcommittee,orthequalityassurancecommittee,and any peer review committee of twentya orhealth moresystem, physicians,anycommittee nursingdetermining home,a ambulatoryroot surgicalcause centeranalysis licensedof pursuanta sentinel event, established by the peer review committees of a medicalorganization,dentalorganization,groupmedicalpracticeoftwentyormore physicians,socialworkersassociation,ambulatorysurgicalcenterlicensedpursuant to R.S.

40:2131 et seq., ambulance service company, health maintenance organization, any nationally recognized improvement agency or commission, including but not limited to the Joint Commission on Accreditation of Healthcare Organizations (JCAHO), or any committee or agency thereof, or any healthcare licensure agency of the Louisiana Department of Health, or healthcare provider as defined in R.S.

40:1299.41(A), or extended care facility committee, including but not limited to the credentials committee, the medical staff executive committee,theriskmanagementcommittee,orthequalityassurancecommittee,and any peer review committee of a health system, anycommittee determining a root cause analysis of a sentinel event, established by the peer review committees of a medicalorganization,dentalorganization,groupmedicalpracticeoftwentyormore physicians,socialworkersassociation,ambulatorysurgicalcenterlicensedpursuant to R.S.

No employee, physician, dentist, public or private hospital, organization, Pagehealth 2system, or institution furnishing information, data, reports, or recordsto any such committee with respect to any patient examined or treated by such physician ordentist orconfinedin suchhospital orinstitution shallbeliablein damagesto any person by reason of 5furnishing Coding:such information.

Words which are struck through are deletions from existing law;

words in boldface type and underscored are additions.

SLS 26RS-388 REENGROSSED SB NO.

124 health system, or institution furnishing information, data, reports, or recordsto any such committee with respect to any patient examined or treated by such physician ordentist orconfinedin suchhospital orinstitution shallbeliablein damagesto any person by reason of furnishing such information.

(i) A group of two or more hospitals that are owned, operated, sponsored,Page or2 managed by a single entity, or that are subject to the control and direction of a4 commonCoding: owner or parent company.

(ii) Any parent entity, holding company, or affiliated group of entities under common ownership or control that owns, operates, manages, or is affiliated with one or more hospitals, clinics, physician practices, or other healthcare providers.

(b)(c) "Licensee" means an individual who possesses a license, certificate, orregistration dulyissuedbyaboard,oranindividual whohasmade applicationfor such a license, certificate, or registration.

(d) "Records and proceedings" shall mean and include, without limitation, all records, notes, data, reports, memoranda, analyses studies, exhibits, minutes, draft documents, emails, electronic communications, and work product generated by, for, or at the direction of a committee covered by this Section.

* * * H.(1) A health system or hospital within a health system that conducts as part of its regular business activities any form of professional credentialing or quality review activities involving the competence of, professional conduct of, orquality of careprovided by healthcareproviders identified in Subsection AofthisSection,maysharesuchpeerreviewrecordsasdescribedinSubsection Page 3 of 5 Coding:

SLS 26RS-388 REENGROSSED SB NO.

124 AENROLLED ofsponsored, thisor Sectionmanaged withinby a healthsingle systementity, or amongthat hospitals within the same health system so long as such peer review records are usedsubject onlyto forthe credentialing,control qualityand review,direction competencyof purposes,a professionalcommon conductowner purposesorpatientsafetyactivitiesasdefinedbythePatientSafetyandQualityor Improvementparent Actcompany. of 2005, 42 U.S.C.

(ii) Any parent entity, holding company, or affiliated group of entities under common ownership or control that owns, operates, manages, or is affiliated with one or more hospitals, clinics, physician practices, or other healthcare providers.

(b)(c) "Licensee" means an individual who possesses a license, certificate, orregistration dulyissuedbyaboard,or anindividualwhohasmadeapplicationfor such a license, certificate, or registration.

(d) "Records and proceedings" shall mean and include, without limitation, all records, notes, data, reports, memoranda, analyses studies, exhibits, minutes, draft documents, emails, electronic communications, and work product generated by, for, or at the direction of a committee covered by this Section.

* * * H.(1) A health system or hospital within a health system that conducts as part of its regular business activities any form of professional credentialing or quality review activities involving the competence of, professional conduct of, orquality of careprovided by healthcareproviders identified in Subsection AofthisSection,maysharesuchpeerreviewrecordsasdescribedinSubsection A of this Section within a health system or among hospitals within the same health system so long as such peer review records are used only for credentialing, quality review, competency purposes, professional conduct purposes, or patient safety activities as defined by the Patient Safety and Quality Improvement Act of 2005, 42 U.S.C.

(2) When disclosure is requested and made in a manner authorized in Paragraph(1)ofthisSubsection,theverbal,written,orotherdisclosureofpeer review records and proceedings by any person, committee, hospital, health system, or other peer review entity described in Subsection A of this Section within the same health system or among or between hospitals within the same healthPage systemshall3 not constituteawaiverofany legalorevidentiaryprivilege, nor form the basis of any4 claimCoding: or suit for damages or injunctive relief of whatsoever kind or nature, including breach of confidentiality or invasion of privacy or otherwise, and the person, hospital, health system, or other peer review entity making the disclosure shall be entitled to the benefit of the immunities otherwise provided for in Subsections B and C of this Section.

The original instrument and the following digest, which constitutes no part of the legislative instrument, were prepared bySenate Legislative Services.

The keyword, summary, and digest do not constitute part of the law or proof or indicia of legislative intent.

[R.S.

1:13(B) and 24:177(E)] DIGEST SB 124 Reengrossed 2026 Regular Session Talbot Present law provides for the confidentiality of all records, notes, data, studies, analyses, exhibits, and proceedings of peer review committees of certain medical entities.

Present law further provides that the materials are only for the use of the peer review committee in the exerciseof the proper functions of the committee and arenot available for discovery or court subpoena regardless of location, except as provided in present law.

Proposed law adds hospital systems to the list of medical organizations whose peer review committee materials are confidential and not subject to disclosure.

Proposed law authorizes hospitals within the same health system to share peer review records for credentialing, quality review, competency purposes, professional conduct purposes, or patient safety activities.

Proposed law provides that sharing peer review materials within a health system does not constitute a waiver of any legal or evidentiary privilege nor form the basis of any claim or suit for damages or injunctive relief.

Page 4 of 5 Coding:

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124 ProposedENROLLED lawhealth providessystemshall thatnot aconstituteawaiverof anylegalorevidentiaryprivilege, nor form the basis of any claim or suit for damages or injunctive relief of whatsoever kind or nature, including breach of confidentiality or invasion of privacy or otherwise, and the person, hospital, health system, or other peer review entity sharingmaking informationthe pursuantdisclosure toshall proposedbe law is entitled to the benefit of the immunities otherwise provided for in presentSubsections law.B and C of this Section.

EffectivePRESIDENT AugustOF 1,THE 2026.SENATE SPEAKER OF THE HOUSE OF REPRESENTATIVES GOVERNOR OF THE STATE OF LOUISIANA APPROVED: