Bill Text: NY A01165 | 2019-2020 | 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: Partisan Bill (Democrat 13-0)

Status: (Introduced - Dead) 2020-01-08 - referred to health [A01165 Detail]

Download: New_York-2019-A01165-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          1165
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    January 14, 2019
                                       ___________
        Introduced  by  M.  of  A.  GOTTFRIED,  DINOWITZ, GALEF, PAULIN, JAFFEE,
          GUNTHER, COLTON, QUART, D'URSO --  Multi-Sponsored  by  --  M.  of  A.
          CARROLL, COOK, ORTIZ, PERRY -- 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    §  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.
                                                                   LBD03364-01-9
        A. 1165                             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    §  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    § 4. This act shall take effect immediately.