Bill Text: NY S03661 | 2017-2018 | General Assembly | Introduced

New York Senate Bill 3661 (Prior Session Legislation)

Introduced

Bill Title: Prohibits the disclosure and discovery of the testimony of a party to a health care quality assurance or peer review proceeding; further adds the failure to cooperate and participate in the quality assurance, reporting, activities, requirements and procedures covered under such discovery to the definition of professional misconduct.

Spectrum: Bipartisan Bill

Status: (Engrossed - Dead) 2018-06-20 - COMMITTED TO RULES [S03661 Detail]

Download: New_York-2017-S03661-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________
                                          3661
                               2017-2018 Regular Sessions
                    IN SENATE
                                    January 25, 2017
                                       ___________
        Introduced  by  Sen.  HANNON -- read twice and ordered printed, and when
          printed to be committed to the Committee on Health
        AN ACT to amend the public health law and the education law, in relation
          to quality assurance and peer review activities
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  Subdivision 2 of section 2805-m of the public health law,
     2  as amended by chapter 808 of the laws of 1987, is  amended  to  read  as
     3  follows:
     4    2.  Notwithstanding  any other provisions of law, none of the records,
     5  documentation or committee  actions  or  records  required  pursuant  to
     6  sections  twenty-eight hundred five-j and twenty-eight hundred five-k of
     7  this article, the reports  required  pursuant  to  section  twenty-eight
     8  hundred  five-l  of this article nor any incident reporting requirements
     9  imposed upon diagnostic and treatment centers pursuant to the provisions
    10  of this chapter shall be subject to disclosure under article six of  the
    11  public  officers law or article thirty-one of the civil practice law and
    12  rules, except as hereinafter  provided  or  as  provided  by  any  other
    13  provision  of  law.  No  person  in  attendance at a meeting of any such
    14  committee shall be required to testify as to  what  transpired  thereat.
    15  [The]  Furthermore,  the  prohibition relating to discovery of testimony
    16  shall [not] apply to the statements made by any person in attendance  at
    17  such  a  meeting  who  is a party to an action or proceeding the subject
    18  matter of which was reviewed at such meeting.
    19    § 2. The closing paragraph of subdivision 3 of  section  6527  of  the
    20  education law, as amended by chapter 257 of the laws of 1987, is amended
    21  to read as follows:
    22    Neither  the  proceedings nor the records relating to performance of a
    23  medical or a quality assurance review function  or  participation  in  a
    24  medical  and  dental  malpractice  prevention  program  nor  any  report
    25  required by the department of health pursuant  to  section  twenty-eight
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02267-01-7
        S. 3661                             2
     1  hundred  five-l of the public health law described herein, including the
     2  investigation of an incident reported pursuant to section 29.29  of  the
     3  mental  hygiene  law, shall be subject to disclosure under article thir-
     4  ty-one  of  the  civil  practice  law  and  rules  except as hereinafter
     5  provided or as provided by any other provision  of  law.  No  person  in
     6  attendance  at a meeting when a medical or a quality assurance review or
     7  a medical and dental  malpractice  prevention  program  or  an  incident
     8  reporting  function described herein was performed, including the inves-
     9  tigation of an incident reported pursuant to section 29.29 of the mental
    10  hygiene law, shall be required to testify as to what transpired thereat.
    11  [The] Furthermore, the prohibition relating to  discovery  of  testimony
    12  shall  [not] apply to the statements made by any person in attendance at
    13  such a meeting who is a party to an action  or  proceeding  the  subject
    14  matter of which was reviewed at such meeting.
    15    §  3.  Section  6530  of  the education law is amended by adding a new
    16  subdivision 50 to read as follows:
    17    50. Failure to cooperate  and  participate,  reasonably  and  in  good
    18  faith,  in  the  quality  assurance, incident reporting, and peer review
    19  programs, activities, requirements and procedures covered by the  confi-
    20  dentiality  provisions  of  section  twenty-eight  hundred five-m of the
    21  public health law or clause (a), (b), (d) or (e) of subdivision three of
    22  section sixty-five hundred twenty-seven of this title.
    23    § 4. This act shall take effect immediately.