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

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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-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                       10045--A
                                 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  --  committee
         discharged, bill amended, ordered reprinted as amended and recommitted
         to said committee
       AN  ACT to amend the insurance law, in relation to peer support programs
         for physicians, dentists, 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, DENTISTS, PHYSICIAN ASSISTANTS OR
    8  NURSE PRACTITIONERS PARTICIPATE IN GROUP OR INDIVIDUAL SUPPORT MEETINGS,
    9  IN PERSON OR BY TELEPHONE, FOR THE PURPOSE OF ASSISTING  THE  PHYSICIAN,
   10  DENTIST, PHYSICIAN ASSISTANT OR NURSE PRACTITIONER WITH ALL ISSUES ASSO-
   11  CIATED WITH EMOTIONAL HEALING AND 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, DENTIST, PHYSICIAN ASSISTANT OR NURSE
   15  PRACTITIONER 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 OR OTHERWISE. NO PERSON PARTICIPATING IN, OR IN ATTENDANCE  AT,  A
   25  PEER  SUPPORT  MEETING  OR  WORKING  IN  CONJUNCTION WITH A PEER SUPPORT
   26  PROGRAM SHALL BE COMPELLED TO TESTIFY IN ANY JUDICIAL OR  QUASI-JUDICIAL
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD15404-03-4
       A. 10045--A                         2
    1  PROCEEDING  AS  TO THE PEER SUPPORT MEETING OR PEER SUPPORT PROGRAM. ANY
    2  INSURED OR INSURER WHICH RELIES UPON THE  PROTECTIONS  AND  PROHIBITIONS
    3  PROVIDED  FOR IN THIS SUBSECTION SHALL NOT BE PERMITTED TO RELY UPON ANY
    4  TESTIMONY  OF  ANY  PEER  ARISING OUT OF PARTICIPATION IN A PEER SUPPORT
    5  PROGRAM OR PEER SUPPORT MEETING.
    6    (C) THIS SECTION  SHALL  APPLY  TO  ALL  ORAL  COMMUNICATIONS,  NOTES,
    7  RECORDS, REPORTS AND RECORDINGS ARISING OUT OF A PEER SUPPORT COUNSELING
    8  SESSION THAT ARE NOT PUBLIC RECORDS FOR THE PURPOSES OF THIS SECTION.
    9    S 2. This shall take effect immediately.