Senate Bill S6080

                                 BILL NUMBER:  S6080

 TITLE OF BILL :  An act to amend the public health law, in relation
to qualified group practices

 PURPOSE OR GENERAL IDEA OF BILL : would provide that a medical,
dental or podiatric group practice that operates a malpractice
prevention program that meets same standards of a hospital malpractice
prevention program will have the same confidentiality and immunity
protections.

 SUMMARY OF SPECIFIC PROVISIONS : a new section 2998-f would provide
that a qualified group practice may operate a malpractice prevention
program directly, or through a collaborative arrangement with a
hospital or accountable care organization, and share confidential
information for the purpose of peer review and quality improvement.

 JUSTIFICATION : Group practices have become the norm for physicians,
dentists and podiatrists and range in size from small groups to large
organizations with hundreds of practitioners. As groups have grown in
size and sophistication, assuring quality of quality of care is no
longer solely the obligation of an individual provider, but rather a
group obligation to review outcomes and collaborate on improvements as
a unified team.

Public Health Law § 2805-j requires every general hospital to maintain
              

a malpractice prevention program that meet specific requirements. PHL
§ 2805-m protects the confidentiality of information, materials,
documentation, actions and statements relating to such program,
including peer review committee information (with exceptions), and
protects participants from liability. Education Law § 6527.3 restates
this protection. In 2011, the Legislature granted accountable care
organizations similar authority by deeming them to be a "hospital"
solely for purposes of malpractice prevention programs under PHL §
2805-m and Education Law § 6527.3. See PHL § 2999-r.

The rationale for protecting the confidentiality of peer review
information was explained by the NYS Court of Appeals in Logue v.
Velez, 92 NY2d 13 (1998): "...The purpose of the discovery exclusion
is to 'enhance the objectivity of the review process' and to assure
that medical review committees 'may and objectively analyze the
quality of health services rendered' by hospitals...."

That same rationale should apply to a medical, dental or podiatric
group practice that establishes a malpractice prevention program that
meets standards set forth in PHL § 2805-j(a)-(g): (a) a quality
assurance committee; (b) sanction procedures; (c) review of
credentials and competence; (d) prompt resolution of patient
grievances; (e) collection of information about negative outcomes,
premiums, settlements, awards, etc.; (e) procedural recordkeeping; (g)
education programs on patient safety, injury prevention, etc.
Elsewhere, nearly half of states protect the confidentiality of peer
review activities by medical group practices other than hospitals.

This bill will encourage group practices to meet these rigorous
standards and improve patient care. PRIOR LEGISLATIVE HISTORY: New
bill

 FISCAL IMPLICATIONS : None

 EFFECTIVE DATE : Immediately