(1) Whenever the department conducts inspections and investigations in response to complaints received from the public, the identity of the complainant and the identity of any patient or resident who is the subject of the complaint, or identified in the complaint, shall be treated as confidential and shall not be open to inspection by members of the public, notwithstanding any provision of title 10, chapter 7 to the contrary.
(2) It being in the public interest that the identity of a person described in subsection (a) shall be protected from disclosure, the person's identity shall be provided in response to litigation, only after a finding by the court that justice so requires.