Bill Text: NY S02302 | 2015-2016 | General Assembly | Introduced

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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 (Republican 1-0)

Status: (Engrossed - Dead) 2016-06-07 - referred to insurance [S02302 Detail]

Download: New_York-2015-S02302-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         2302
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                   January 22, 2015
                                      ___________
       Introduced  by  Sen.  HANNON -- read twice and ordered printed, and when
         printed to be committed to the Committee on Insurance
       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
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD03307-01-5
       S. 2302                             2
    1  PROGRAM  SHALL BE COMPELLED TO TESTIFY IN ANY JUDICIAL OR QUASI-JUDICIAL
    2  PROCEEDING AS TO THE PEER SUPPORT MEETING OR PEER SUPPORT  PROGRAM.  ANY
    3  INSURED  OR  INSURER  WHICH RELIES UPON THE PROTECTIONS AND PROHIBITIONS
    4  PROVIDED  FOR IN THIS SUBSECTION SHALL NOT BE PERMITTED TO RELY UPON ANY
    5  TESTIMONY OF ANY PEER ARISING OUT OF PARTICIPATION  IN  A  PEER  SUPPORT
    6  PROGRAM OR PEER SUPPORT MEETING.
    7    (C)  THIS  SECTION  SHALL  APPLY  TO  ALL  ORAL COMMUNICATIONS, NOTES,
    8  RECORDS, REPORTS AND RECORDINGS ARISING OUT OF A PEER SUPPORT COUNSELING
    9  SESSION THAT ARE NOT PUBLIC RECORDS FOR THE PURPOSES OF THIS SECTION.
   10    S 2. This shall take effect immediately.