Senate Bill S7695A

2013-2014 Legislative Session

Provides for the confidentiality of all matters relating to the conducting of peer support programs for physicians, dentists, physician assistants and nurse practitioners

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Archive: Last Bill Status - In Senate Committee Insurance Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 12, 2014	print number 7695a
Jun 12, 2014	amend (t) and recommit to insurance
May 30, 2014	referred to insurance

Bill Amendments

Original

A (Active)

2013-S7695 - Details

See Assembly Version of this Bill:: A10045
Current Committee:: Senate Insurance
Law Section:: Insurance Law
Laws Affected:: Add §3436-a, Ins L
Versions Introduced in Other Legislative Sessions:: 2015-2016: S2302, A1252
2017-2018: S2251, A3659

2013-S7695 - Summary

Provides for the confidentiality of all matters relating to the conducting of peer support programs for physicians, dentists, physician assistants and nurse practitioners.

2013-S7695 - Sponsor Memo

                                BILL NUMBER:S7695

TITLE OF BILL:  An act to amend the insurance law, in relation to peer
support programs for physicians, physician assistants and nurse
practitioners

PURPOSE:  Prohibits disclosure of statements made in conjunction with
a peer support program or during a peer support meeting.

SUMMARY OF PROVISIONS:

Section one of the bill creates a new section 3436-A to the Insurance
Law that will preclude from discovery in any judicial or
quasi-judicial proceeding any information or communication made within
or for the purpose of arranging, facilitating, convening, conducting,
or preserving peer support program.

Section two of this bill provides for an immediate effective date.

JUSTIFICATION:  Peer support groups are established with the focus on
emotional and professional support for the physicians. Risk of adverse
disclosure are outweighed by the benefits of participation in peer
support programs and this piece of legislation would minimize the
risk. Peer support groups provide a forum for physicians with similar
expertise and experiences to compare and contrast regarding unique
situations to help foster the well-being of the physicians while

simultaneously improving the efficiency of the professional and
patient.

Physician defendants are routinely asked broad questions as to
conversations they may have had concerning lawsuits they are in or its
subject matter. The scope of discovery is quiet broad, encompassing
all information that may be material or necessary in litigating the
action. Statutes governing the confidentiality of malpractice
prevention and peer review activities are specifically applicable to
hospital-based programs and would not apply to those programs
affiliated with an insurer. Furthermore, the current law specifically
exempts statements made by a defendant physician from any protection
that would otherwise be afforded.

The physician-client privilege will not apply because there is no
treatment or diagnosis provided. Communications with a liability
insure may be protected as material prepared for litigation; however,
that protection only applied to a statement by the defendant if it was
made in the anticipation of litigation or trial. Since the peer
support programs are set apart from the investigations and defense of
the claim, therefore protection under the litigation preparation flag
is unclear

LEGISLATIVE HISTORY: New bill.

FISCAL IMPLICATIONS: None to the State.

EFFECTIVE DATE: Immediately.

2013-S7695 - Bill Text download pdf

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

                                  7695

                            I N  S E N A T E

                              May 30, 2014
                               ___________

Introduced  by  Sen.  HANNON -- read twice and ordered printed, and when
  printed to be committed to the Committee on Insurance

AN ACT to amend the insurance law, in relation to peer support  programs
  for physicians, physician assistants and nurse practitioners

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The insurance law is amended by adding a new section 3436-a
to read as follows:
  S 3436-A. DISCLOSURE OF  INFORMATION  OBTAINED  AND  DISCUSSED  WITHIN
CERTAIN PEER SUPPORT PROGRAMS. (A) FOR THE PURPOSE OF THIS SECTION:
  (1)  "PEER  SUPPORT PROGRAM" MEANS A PROGRAM IMPLEMENTED BY A DOMESTIC
INSURER, AUTHORIZED TO DELIVER POLICIES OF MEDICAL MALPRACTICE INSURANCE
WITHIN THE STATE, WHEREBY  PHYSICIANS,  PHYSICIAN  ASSISTANTS  OR  NURSE
PRACTITIONERS  PARTICIPATE  IN  GROUP OR INDIVIDUAL SUPPORT MEETINGS, IN
PERSON OR BY TELEPHONE, FOR THE  PURPOSE  OF  ASSISTING  THE  PHYSICIAN,
PHYSICIAN  ASSISTANT  OR  NURSE  PRACTITIONER WITH EMOTIONAL HEALING AND
WELLNESS.
  (2) "PEER SUPPORT MEETING" MEANS ANY MEETING OR TELEPHONE CONVERSATION
THAT TAKES PLACE PURSUANT TO A PEER SUPPORT PROGRAM.
  (3) "PEER" MEANS A PHYSICIAN, PHYSICIAN ASSISTANT OR NURSE PRACTITION-
ER WHO PARTICIPATES IN A PEER SUPPORT MEETING.
  (B) NOTWITHSTANDING ANY OTHER PROVISION OF LAW  TO  THE  CONTRARY,  NO
STATEMENT  MADE BY ANY PERSON IN CONJUNCTION WITH A PEER SUPPORT PROGRAM
OR DURING A PEER SUPPORT MEETING, INCLUDING  BUT  NOT  LIMITED,  TO  ANY
WRITING  OR  ELECTRONIC  RECORD  CREATED  FOR  THE PURPOSE OF ARRANGING,
FACILITATING, CONVENING, CONDUCTING OR PRESERVING A PEER  SUPPORT  MEET-
ING,  OR ANY WRITING OR ELECTRONIC RECORD CREATED DURING SUCH MEETING OR
IN CONJUNCTION WITH  SUCH  PROGRAM'S  OPERATION,  SHALL  BE  SUBJECT  TO
DISCLOSURE  RULES UNDER ARTICLE THIRTY-ONE OF THE CIVIL PRACTICE LAW AND
RULES. NO PERSON PARTICIPATING IN, OR IN ATTENDANCE AT, A  PEER  SUPPORT
MEETING  OR  WORKING IN CONJUNCTION WITH A PEER SUPPORT PROGRAM SHALL BE
COMPELLED TO TESTIFY IN ANY JUDICIAL OR QUASI-JUDICIAL PROCEEDING AS  TO
THE PEER SUPPORT MEETING OR PEER SUPPORT PROGRAM. ANY INSURED OR INSURER
WHICH  RELIES UPON THE PROTECTIONS AND PROHIBITIONS PROVIDED FOR IN THIS

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

                                                           LBD15404-01-4

S. 7695                             2

SUBSECTION SHALL NOT BE PERMITTED TO RELY UPON THE TESTIMONY OF ANY PEER
WHO PARTICIPATED IN A PEER SUPPORT PROGRAM OR PEER SUPPORT MEETING.
  (C)  THIS  SECTION  SHALL  APPLY  TO  ALL  ORAL COMMUNICATIONS, NOTES,
RECORDS, REPORTS AND RECORDINGS ARISING OUT OF A PEER SUPPORT COUNSELING
SESSION THAT ARE NOT PUBLIC RECORDS FOR THE PURPOSES OF THIS SECTION.
  S 2. This shall take effect immediately.

2013-S7695A (ACTIVE) - Details

See Assembly Version of this Bill:: A10045
Current Committee:: Senate Insurance
Law Section:: Insurance Law
Laws Affected:: Add §3436-a, Ins L
Versions Introduced in Other Legislative Sessions:: 2015-2016: S2302, A1252
2017-2018: S2251, A3659

2013-S7695A (ACTIVE) - Summary

Provides for the confidentiality of all matters relating to the conducting of peer support programs for physicians, dentists, physician assistants and nurse practitioners.

2013-S7695A (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S7695A

TITLE OF BILL:  An act to amend the insurance law, in relation to peer
support programs for physicians, dentists, physician assistants and
nurse practitioners

PURPOSE:  Prohibits disclosure of statements made in conjunction with
a peer support program or during a peer support meeting.

SUMMARY OF PROVISIONS:

Section one of the bill creates a new section 3436-A to the Insurance
Law that will preclude from discovery in any judicial or
quasi-judicial proceeding any information or communication made within
or for the purpose of arranging, facilitating, convening, conducting,
or preserving peer support program.

Section two of this bill provides for an immediate effective date.

JUSTIFICATION:  Peer support groups are established with the focus on
all issues associated with emotional and professional support for the
physicians. Risk of adverse disclosure are outweighed by the benefits
of participation in peer support programs and this piece of
legislation would minimize the risk. Peer support groups provide a
forum for physicians, dentists, physician's assistants or nurse
practitioners with similar expertise and experiences to compare and

contrast regarding unique situations to help foster the well-being of
the physicians while simultaneously improving the efficiency of the
professional and patient.

Physician or dentists defendants are routinely asked broad questions
as to conversations they may have had concerning lawsuits they are in
or its subject matter. The scope of discovery is quiet broad,
encompassing all information that may be material or necessary in
litigating the action. Statutes governing the confidentiality of
malpractice prevention and peer review activities are specifically
applicable to hospital-based programs and would not apply to those
programs affiliated with an insurer. Furthermore, the current law
specifically exempts statements made by a defendant physician or
dentist from any protection that would otherwise be afforded.

The physician-client privilege will not apply because there is no
treatment or diagnosis provided. Communications with a liability
insure may be protected as material prepared for litigation; however,
that protection only applied to a statement by the defendant if it was
made in the anticipation of litigation or trial. Since the peer
support programs are set apart from the investigations and defense of
the claim, therefore protection under the litigation preparation flag
is unclear.

LEGISLATIVE HISTORY: New bill.

FISCAL IMPLICATIONS: None to the State.

EFFECTIVE DATE: Immediately.

2013-S7695A (ACTIVE) - Bill Text download pdf

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

                                 7695--A

                            I N  S E N A T E

                              May 30, 2014
                               ___________

Introduced  by  Sen.  HANNON -- read twice and ordered printed, and when
  printed to be committed to the Committee  on  Insurance  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN  ACT to amend the insurance law, in relation to peer support programs
  for physicians, dentists, physician assistants and nurse practitioners

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The insurance law is amended by adding a new section 3436-a
to read as follows:
  S  3436-A.  DISCLOSURE  OF  INFORMATION  OBTAINED AND DISCUSSED WITHIN
CERTAIN PEER SUPPORT PROGRAMS. (A) FOR THE PURPOSE OF THIS SECTION:
  (1) "PEER SUPPORT PROGRAM" MEANS A PROGRAM IMPLEMENTED BY  A  DOMESTIC
INSURER, AUTHORIZED TO DELIVER POLICIES OF MEDICAL MALPRACTICE INSURANCE
WITHIN  THE STATE, WHEREBY PHYSICIANS, DENTISTS, PHYSICIAN ASSISTANTS OR
NURSE PRACTITIONERS PARTICIPATE IN GROUP OR INDIVIDUAL SUPPORT MEETINGS,
IN PERSON OR BY TELEPHONE, FOR THE PURPOSE OF ASSISTING  THE  PHYSICIAN,
DENTIST, PHYSICIAN ASSISTANT OR NURSE PRACTITIONER WITH ALL ISSUES ASSO-
CIATED WITH EMOTIONAL HEALING AND WELLNESS.
  (2) "PEER SUPPORT MEETING" MEANS ANY MEETING OR TELEPHONE CONVERSATION
THAT TAKES PLACE PURSUANT TO A PEER SUPPORT PROGRAM.
  (3)  "PEER"  MEANS  A PHYSICIAN, DENTIST, PHYSICIAN ASSISTANT OR NURSE
PRACTITIONER WHO PARTICIPATES IN A PEER SUPPORT MEETING.
  (B) NOTWITHSTANDING ANY OTHER PROVISION OF LAW  TO  THE  CONTRARY,  NO
STATEMENT  MADE BY ANY PERSON IN CONJUNCTION WITH A PEER SUPPORT PROGRAM
OR DURING A PEER SUPPORT MEETING, INCLUDING  BUT  NOT  LIMITED,  TO  ANY
WRITING  OR  ELECTRONIC  RECORD  CREATED  FOR  THE PURPOSE OF ARRANGING,
FACILITATING, CONVENING, CONDUCTING OR PRESERVING A PEER  SUPPORT  MEET-
ING,  OR ANY WRITING OR ELECTRONIC RECORD CREATED DURING SUCH MEETING OR
IN CONJUNCTION WITH  SUCH  PROGRAM'S  OPERATION,  SHALL  BE  SUBJECT  TO
DISCLOSURE  RULES UNDER ARTICLE THIRTY-ONE OF THE CIVIL PRACTICE LAW AND
RULES OR OTHERWISE. NO PERSON PARTICIPATING IN, OR IN ATTENDANCE  AT,  A
PEER  SUPPORT  MEETING  OR  WORKING  IN  CONJUNCTION WITH A PEER SUPPORT
PROGRAM SHALL BE COMPELLED TO TESTIFY IN ANY JUDICIAL OR  QUASI-JUDICIAL

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

                                                           LBD15404-02-4

S. 7695--A                          2

PROCEEDING  AS  TO THE PEER SUPPORT MEETING OR PEER SUPPORT PROGRAM. ANY
INSURED OR INSURER WHICH RELIES UPON THE  PROTECTIONS  AND  PROHIBITIONS
PROVIDED  FOR IN THIS SUBSECTION SHALL NOT BE PERMITTED TO RELY UPON ANY
TESTIMONY  OF  ANY  PEER  ARISING OUT OF PARTICIPATION IN A PEER SUPPORT
PROGRAM OR PEER SUPPORT MEETING.
  (C) THIS SECTION  SHALL  APPLY  TO  ALL  ORAL  COMMUNICATIONS,  NOTES,
RECORDS, REPORTS AND RECORDINGS ARISING OUT OF A PEER SUPPORT COUNSELING
SESSION THAT ARE NOT PUBLIC RECORDS FOR THE PURPOSES OF THIS SECTION.
  S 2. This shall take effect immediately.

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Find your Senator and share your views on important issues.

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Senate Bill S7695A

Sponsored By

Archive: Last Bill Status - In Senate Committee Insurance Committee

Actions

Bill Amendments

2013-S7695 - Details

2013-S7695 - Summary

2013-S7695 - Sponsor Memo

2013-S7695 - Bill Text download pdf

2013-S7695A (ACTIVE) - Details

2013-S7695A (ACTIVE) - Summary

2013-S7695A (ACTIVE) - Sponsor Memo

2013-S7695A (ACTIVE) - Bill Text download pdf

Comments

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Sponsored By

Kemp Hannon

Archive: Last Bill Status - In Senate Committee Insurance Committee

Actions

Bill Amendments

2013-S7695 - Details

2013-S7695 - Summary

2013-S7695 - Sponsor Memo

2013-S7695 - Bill Text download pdf

2013-S7695A (ACTIVE) - Details

2013-S7695A (ACTIVE) - Summary

2013-S7695A (ACTIVE) - Sponsor Memo

2013-S7695A (ACTIVE) - Bill Text download pdf

Comments