senate Bill S2071

2013-2014 Legislative Session

Prohibits disclosure of testimony of a party to a health care quality assurance or peer review proceeding

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to health
Jan 10, 2013 referred to health

S2071 - Details

See Assembly Version of this Bill:
A3138
Current Committee:
Law Section:
Public Health Law
Laws Affected:
Amd §2805-m, Pub Health L; amd §§6527 & 6530, Ed L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S1207, A590
2009-2010: S2821, A1596

S2071 - Summary

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.

S2071 - Sponsor Memo

S2071 - Bill Text download pdf

                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  2071

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 10, 2013
                               ___________

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:

  Section  1.  Subdivision 2 of section 2805-m of the public health law,
as amended by chapter 808 of the laws of 1987, is  amended  to  read  as
follows:
  2.  Notwithstanding  any other provisions of law, none of the records,
documentation or committee  actions  or  records  required  pursuant  to
sections  twenty-eight hundred five-j and twenty-eight hundred five-k of
this article, the reports  required  pursuant  to  section  twenty-eight
hundred  five-l  of this article nor any incident reporting requirements
imposed upon diagnostic and treatment centers pursuant to the provisions
of this chapter shall be subject to disclosure under article six of  the
public  officers law or article thirty-one of the civil practice law and
rules, except as hereinafter  provided  or  as  provided  by  any  other
provision  of  law.  No  person  in  attendance at a meeting of any such
committee shall be required to testify as to  what  transpired  thereat.
[The]  FURTHERMORE,  THE  prohibition relating to discovery of testimony
shall [not] apply to the statements made by any person in attendance  at
such  a  meeting  who  is a party to an action or proceeding the subject
matter of which was reviewed at such meeting.
  S 2. The closing paragraph of subdivision 3 of  section  6527  of  the
education law, as amended by chapter 257 of the laws of 1987, is amended
to read as follows:
  Neither  the  proceedings nor the records relating to performance of a
medical or a quality assurance review function  or  participation  in  a
medical  and  dental  malpractice  prevention  program  nor  any  report
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.
                                                           LBD01440-01-3

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