(5) Disclosure of Information. Disclosure of Information received by State Board
of Health. Official reports, such as statements of deficiencies generated by the
State Board of Health as a result of on-site inspections, and plans of correction
submitted in response to those statements of deficiencies, are subject to public
disclosure. Information received through other means and reports, other than
statements of deficiencies, shall be deemed to be confidential and shall not be
publicly disclosed except in response to a valid subpoena or court order or in
proceedings involving the affected facility’s license or proceedings involving the
license of another facility operated by the same governing authority