Bill Text: NY A10045 | 2013-2014 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Provides for the confidentiality of all matters relating to the conducting of peer support programs for physicians, dentists, physician assistants and nurse practitioners.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2014-06-12 - print number 10045a [A10045 Detail]

Download: New_York-2013-A10045-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         10045
                                 I N  A S S E M B L Y
                                     June 10, 2014
                                      ___________
       Introduced  by  COMMITTEE ON RULES -- (at request of M. of A. Lavine) --
         read once and referred to the Committee on Insurance
       AN ACT to amend the insurance law, in relation to peer support  programs
         for physicians, physician assistants and nurse practitioners
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. The insurance law is amended by adding a new section 3436-a
    2  to read as follows:
    3    S 3436-A. DISCLOSURE OF  INFORMATION  OBTAINED  AND  DISCUSSED  WITHIN
    4  CERTAIN PEER SUPPORT PROGRAMS. (A) FOR THE PURPOSE OF THIS SECTION:
    5    (1)  "PEER  SUPPORT PROGRAM" MEANS A PROGRAM IMPLEMENTED BY A DOMESTIC
    6  INSURER, AUTHORIZED TO DELIVER POLICIES OF MEDICAL MALPRACTICE INSURANCE
    7  WITHIN THE STATE, WHEREBY  PHYSICIANS,  PHYSICIAN  ASSISTANTS  OR  NURSE
    8  PRACTITIONERS  PARTICIPATE  IN  GROUP OR INDIVIDUAL SUPPORT MEETINGS, IN
    9  PERSON OR BY TELEPHONE, FOR THE  PURPOSE  OF  ASSISTING  THE  PHYSICIAN,
   10  PHYSICIAN  ASSISTANT  OR  NURSE  PRACTITIONER WITH EMOTIONAL HEALING AND
   11  WELLNESS.
   12    (2) "PEER SUPPORT MEETING" MEANS ANY MEETING OR TELEPHONE CONVERSATION
   13  THAT TAKES PLACE PURSUANT TO A PEER SUPPORT PROGRAM.
   14    (3) "PEER" MEANS A PHYSICIAN, PHYSICIAN ASSISTANT OR NURSE PRACTITION-
   15  ER WHO PARTICIPATES IN A PEER SUPPORT MEETING.
   16    (B) NOTWITHSTANDING ANY OTHER PROVISION OF LAW  TO  THE  CONTRARY,  NO
   17  STATEMENT  MADE BY ANY PERSON IN CONJUNCTION WITH A PEER SUPPORT PROGRAM
   18  OR DURING A PEER SUPPORT MEETING, INCLUDING  BUT  NOT  LIMITED,  TO  ANY
   19  WRITING  OR  ELECTRONIC  RECORD  CREATED  FOR  THE PURPOSE OF ARRANGING,
   20  FACILITATING, CONVENING, CONDUCTING OR PRESERVING A PEER  SUPPORT  MEET-
   21  ING,  OR ANY WRITING OR ELECTRONIC RECORD CREATED DURING SUCH MEETING OR
   22  IN CONJUNCTION WITH  SUCH  PROGRAM'S  OPERATION,  SHALL  BE  SUBJECT  TO
   23  DISCLOSURE  RULES UNDER ARTICLE THIRTY-ONE OF THE CIVIL PRACTICE LAW AND
   24  RULES. NO PERSON PARTICIPATING IN, OR IN ATTENDANCE AT, A  PEER  SUPPORT
   25  MEETING  OR  WORKING IN CONJUNCTION WITH A PEER SUPPORT PROGRAM SHALL BE
   26  COMPELLED TO TESTIFY IN ANY JUDICIAL OR QUASI-JUDICIAL PROCEEDING AS  TO
   27  THE PEER SUPPORT MEETING OR PEER SUPPORT PROGRAM. ANY INSURED OR INSURER
   28  WHICH  RELIES UPON THE PROTECTIONS AND PROHIBITIONS PROVIDED FOR IN THIS
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD15404-01-4
       A. 10045                            2
    1  SUBSECTION SHALL NOT BE PERMITTED TO RELY UPON THE TESTIMONY OF ANY PEER
    2  WHO PARTICIPATED IN A PEER SUPPORT PROGRAM OR PEER SUPPORT MEETING.
    3    (C)  THIS  SECTION  SHALL  APPLY  TO  ALL  ORAL COMMUNICATIONS, NOTES,
    4  RECORDS, REPORTS AND RECORDINGS ARISING OUT OF A PEER SUPPORT COUNSELING
    5  SESSION THAT ARE NOT PUBLIC RECORDS FOR THE PURPOSES OF THIS SECTION.
    6    S 2. This shall take effect immediately.