Bill Text: NY A03138 | 2013-2014 | General Assembly | Introduced

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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: Strong Partisan Bill (Democrat 17-1)

Status: (Introduced - Dead) 2014-02-26 - reported referred to codes [A03138 Detail]

Download: New_York-2013-A03138-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         3138
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 23, 2013
                                      ___________
       Introduced  by  M.  of  A.  GOTTFRIED,  DINOWITZ,  GALEF, PAULIN, CLARK,
         JAFFEE, GUNTHER, COLTON, SCHIMEL, BOYLAND -- Multi-Sponsored by --  M.
         of  A.  BRENNAN, COOK, JACOBS, McDONOUGH, ORTIZ, SCARBOROUGH, SWEENEY,
         WEISENBERG -- read once and referred 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    S 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
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD01440-01-3
       A. 3138                             2
    1  medical  and  dental  malpractice  prevention  program  nor  any  report
    2  required by the department of health pursuant  to  section  twenty-eight
    3  hundred  five-l of the public health law described herein, including the
    4  investigation  of  an incident reported pursuant to section 29.29 of the
    5  mental hygiene law, shall be subject to disclosure under  article  thir-
    6  ty-one  of  the  civil  practice  law  and  rules  except as hereinafter
    7  provided or as provided by any other provision  of  law.  No  person  in
    8  attendance  at a meeting when a medical or a quality assurance review or
    9  a medical and dental  malpractice  prevention  program  or  an  incident
   10  reporting  function described herein was performed, including the inves-
   11  tigation of an incident reported pursuant to section 29.29 of the mental
   12  hygiene law, shall be required to testify as to what transpired thereat.
   13  [The] FURTHERMORE, THE prohibition relating to  discovery  of  testimony
   14  shall  [not] apply to the statements made by any person in attendance at
   15  such a meeting who is a party to an action  or  proceeding  the  subject
   16  matter of which was reviewed at such meeting.
   17    S  3.  Section  6530  of  the education law is amended by adding a new
   18  subdivision 50 to read as follows:
   19    50. FAILURE TO COOPERATE  AND  PARTICIPATE,  REASONABLY  AND  IN  GOOD
   20  FAITH,  IN  THE  QUALITY  ASSURANCE, INCIDENT REPORTING, AND PEER REVIEW
   21  PROGRAMS, ACTIVITIES, REQUIREMENTS AND PROCEDURES COVERED BY THE  CONFI-
   22  DENTIALITY  PROVISIONS  OF  SECTION  TWENTY-EIGHT  HUNDRED FIVE-M OF THE
   23  PUBLIC HEALTH LAW OR CLAUSE (A), (B), (D) OR (E) OF SUBDIVISION THREE OF
   24  SECTION SIXTY-FIVE HUNDRED TWENTY-SEVEN OF THIS TITLE.
   25    S 4. This act shall take effect immediately.