NY State Senate Bill 2017-S2251

Senate Bill S2251

2017-2018 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

download bill text pdf

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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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to insurance returned to senate died in assembly
Jun 21, 2017	referred to insurance delivered to assembly passed senate ordered to third reading cal.2117 committee discharged and committed to rules
Jan 12, 2017	referred to insurance

Votes

- Jun 21, 2017 - Floor Vote
  S2251
  
  61
  
  Aye
  
  1
  
  Nay
  
  1
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 21, 2017
      
      aye (61)
      
      Addabbo Jr.
      
      Akshar
      
      Alcantara
      
      Amedore
      
      Avella
      
      Bailey
      
      Benjamin
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Brooks
      
      Carlucci
      
      Comrie
      
      Croci
      
      DeFrancisco
      
      Diaz
      
      Dilan
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Hamilton
      
      Hannon
      
      Helming
      
      Jacobs
      
      Kaminsky
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Latimer
      
      Little
      
      Marcellino
      
      Marchione
      
      Montgomery
      
      Murphy
      
      O'Mara
      
      Ortt
      
      Parker
      
      Peralta
      
      Persaud
      
      Phillips
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Savino
      
      Serino
      
      Serrano
      
      Seward
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Tedisco
      
      Valesky
      
      Young
      
      nay (1)
      
      Hoylman-Sigal
      
      absent (1)
      
      Sanders Jr.
  Jun 21, 2017 - Rules Committee Vote
  S2251
  
  22
  
  Aye
  
  0
  
  Nay
  
  3
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 21, 2017
      
      aye (22)
      
      Bonacic
      
      Breslin
      
      Carlucci
      
      Dilan
      
      Flanagan
      
      Griffo
      
      Hannon
      
      Kennedy
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Little
      
      Marcellino
      
      Montgomery
      
      Parker
      
      Ranzenhofer
      
      Robach
      
      Savino
      
      Seward
      
      Stewart-Cousins
      
      Valesky
      
      aye wr (3)
      
      DeFrancisco
      
      Gianaris
      
      Squadron

2017-S2251 (ACTIVE) - Details

See Assembly Version of this Bill:: A3659
Current Committee:: Senate Insurance
Law Section:: Insurance Law
Laws Affected:: Add §3436-a, Ins L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S7695, A10045
2015-2016: S2302, A1252

2017-S2251 (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.

2017-S2251 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S2251

 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 programs.

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 dentist 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 :

2015-2016: S.2302 - Passed Senate, died in Assembly
2014: S.7695-A

 FISCAL IMPLICATIONS :

None to the State.
 EFFECTIVE DATE :
Immediately.

2017-S2251 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2251
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 12, 2017
                                ___________
 
 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, 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:
   § 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD02912-01-7

 S. 2251                             2
 
 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 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.
   § 2. This act shall take effect immediately.

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