Senate Bill S1800

2019-2020 Legislative Session

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

download bill text pdf

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Archive: Last Bill Status - In Senate Committee Health 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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2019-S1800 (ACTIVE) - Details

See Assembly Version of this Bill:
A1165
Current Committee:
Senate Health
Law Section:
Public Health Law
Laws Affected:
Amd §2805-m, Pub Health L; amd §§6527 & 6530, Ed L
Versions Introduced in Other Legislative Sessions:
2009-2010: S2821, A1596
2011-2012: S1207, A590
2013-2014: S2071, A3138
2015-2016: S4698, A3353
2017-2018: S3661, A2460

2019-S1800 (ACTIVE) - 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.

2019-S1800 (ACTIVE) - Sponsor Memo

2019-S1800 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1800
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 16, 2019
                                ___________
 
 Introduced  by  Sen.  RIVERA -- 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.
   § 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.
              

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