Klaine v SIHS

Instructions
In its appeal before this court, SIHS has limited its challenge to the discovery order with

regard to Group Exhibit F. SIHS now contends that Group Exhibit F, which consists of Dr.
Dressen’s three applications for staff privileges, is nondiscoverable in its entirety pursuant to
section 15(h) of the Credentials Act, which provides that all “credentials data collected or
obtained by the *** hospital shall be confidential.” 410 ILCS 517/15(h) (West 2012). SIHS
also contends that the appellate court’s judgment in this case conflicts with the judgment in
TTX Co. v. Whitley, 295 Ill. App. 3d 548, 556 (1998), wherein the court interpreted a
confidentiality provision similar to the one here and held that confidential materials were
privileged and could not be disclosed.
¶ 11 As an alternative argument, SIHS maintains that, if this court should find that Group
Exhibit F is not privileged in its entirety, we should find that certain materials or information
within Group Exhibit F must be redacted. Specifically, SIHS maintains: (1) any references in
the applications to information reported to the National Practitioner Data Bank (NPDB) must
be redacted because it is privileged under section 11137 of the Health Care Quality
Improvement Act of 1986 (42 U.S.C. § 11137(a) (2012)) and (2) information concerning
medical treatment provided by Dr. Dressen to patients who are not party to this lawsuit must be
redacted because it is privileged under the Credentials Act and/or the physician-patient
privilege.

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