The Massachusetts Supreme Court ruled in Board of Registration in Medicine v. Hallmark Health Corp. that the Massachusetts licensing board would subpoena certain hospitals peer review records. 

In Director of Health Affairs Policy Planning, University of Connecticut v. Freedom of Information Commission, the Connecticut Supreme Court ruled that the state’s freedom of information act contradicted the state’s peer review confidentiality act and compelled disclosure of peer review records, although introduction into evidence in civil proceedings would still be prohibited. The court explicitly acknowledged that the decision could chill the operation of peer review proceedings, but stated the holding was compelled by the plain language of the statutes. Note that the holding applies only to government entities.