Senate Bill S1589

                                
 
BILL NUMBER: S1589

SPONSOR: RIVERA
 
TITLE OF BILL:

An act to amend the public health law, in relation to qualified group
practices

 
PURPOSE:

This bill would provide that a medical, dental or podiatric group prac-
tice 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 PROVISIONS:

Creates a new section 2998-f to provide that a qualified group practice
may operate a malpractice prevention program directly, or through a
collaborative arrangement with a hospital or accountable care organiza-
tion, and share confidential information for the purpose of peer review
              

and quality improvement.

 
JUSTIFICATION:

Group practices have become the norm for physicians, dentists and podia-
trists and range in size from small groups to large organizations with
hundreds of practitioners. As groups have grown in size and sophisti-
cation, 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 maintain a
malpractice prevention program that meets specific requirements. PHL §
2805-m protects the confidentiality of information, materials, documen-
tation, actions and statements relating to such program, including peer
review committee information (with exceptions), and protects partic-
ipants 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 § 2505-m and Education Law §
6527.3. See PHL § 2999-r.

The rationale for protecting the confidentiality of peer review informa-
tion 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 compe-
tence; (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.

 
LEGISLATIVE HISTORY:

2015-2016: S.6080 Hannon/A8556 Gottfried
2017-2018: S3662 Hannon/A2734 Gottfried
2019-2020: S1801/A1164 Gottfried

 
FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
Immediately