|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jan 08, 2014||referred to health|
|Jan 10, 2013||referred to health|
senate Bill S2071
Archive: Last Bill Status -
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S2071 - Details
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
BILL NUMBER:S2071 TITLE OF BILL: An act to amend the public health law and the education law, in relation to quality assurance and peer review activities PURPOSE: To extend the confidentiality provisions relating to discovery of testimony to statements made by any person in attendance at peer review committees who is a party to an action or proceeding the subject matter of which was reviewed during peer review committee meetings. SUMMARY OF PROVISIONS: Section one and two of this bill amend § 2805-m of the Public Health Law and § 6527 of the Education Law to extend the confidentiality provisions relating to discovery of testimony to apply to statements made by any person in attendance at peer review committee meetings who is a party to an action or proceeding the subject matter of which was reviewed at such meeting. Section three adds a new subdivision 50 to § 6530 of the Education Law. The new subdivision adds, to those activities which may constitute professional misconduct, failure to cooperate reasonably and in good faith with the quality assurance measures protected by the confidentiality provisions.
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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