42 CFR 480.139 : Public Health (Part 1 To Parts 1009-1099) — (§ 430.0 To Part 481) — Centers For Medicare & Medicaid Services, Department Of Health And Human Services (Continued) (§ 430.0 To Part 481) — Quality Improvement Organizations (§ 475.1 To Part 481) — Acquisition, Protection, And Disclosure Of Quality Improvement Organization Information (Subpart A To § 480.145) — Utilization And Quality Control Quality Improvement Organizations (Qios) (§ 480.101 To § 480.145) — Disclosure Of Confidential Information (§ 480.130 To § 480.145) — Disclosure of QIO deliberations and decisions.

(a)(1) A QIO must not disclose its deliberations except to -

(i) CMS; or

(ii) The Office of the Inspector General, and the Government Accountability Office as necessary to carry out statutory responsibilities.

(2) QIO deliberations are not disclosable, either in written form or through oral testimony, in connection with the administrative hearing or review of a beneficiary's claim.

(b) Reasons for QIO decisions. (1) A QIO may disclose to those who have access to QIO information under other provisions of this subpart, the reasons for QIO decisions pertaining to that information provided that the opinions or judgements of a particular individual or practitioner cannot be identified.

(2) A QIO must disclose, if requested in connection with the administrative hearing or review of a beneficiary's claim, the reasons for QIO decisions. The QIO must include the detailed facts, findings and conclusions supporting the QIO's determination. The QIO must insure that the opinions or judgements of a particular individual or practitioner cannot be identified through the materials that are disclosed.