Legislation
SECTION 6513*
Penalties
Education (EDN) CHAPTER 16, TITLE 8, ARTICLE 130*, SUBARTICLE 4
§ 6513.* Penalties. 11. As used in this subdivision "utilization
committee" means (a) a committee established to administer a utilization
review plan of a hospital or extended care facility as provided and
required in the "Health Insurance for the Aged Act", 79 Stat. 313
(1965), 42 U.S.C. 1395x(k); (b) a committee of a medical staff in a
hospital having the responsibility of evaluation and improvement of the
quality of care rendered in the hospital; and (c) any medical review
committee or subcommittee thereof of a local, county or state medical or
dental society and any such society itself when such committee,
subcommittee or society is performing any medical review function
described in clauses (a) and (b) of this subdivision or involving any
controversy or dispute between (i) a physician or dentist and a patient
concerning the diagnosis, treatment or care of such patient or the fees
or charges therefor or (ii) a physician or dentist and a provider of
medical or dental benefits concerning any medical or health charges or
fees of such physician or dentist.
No physician or dentist who serves as a member of such utilization
committee shall be liable in damages to any person for any action taken
or recommendation made by him within the scope of his function as such
member of such committee if such action was taken or such recommendation
was made without malice and in the reasonable belief that such action or
recommendation is warranted by the facts known to him after reasonable
effort by him to ascertain the facts upon which such action is taken or
such recommendation is made.
Neither the proceedings nor the records of any such committee shall be
subject to disclosure under 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 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.
* NB This section 6513 came under old title VIII. Although old 6513
was repealed, there were amendments made, which are still live. As noted
above no reference to 6513 added by 987/1971.
committee" means (a) a committee established to administer a utilization
review plan of a hospital or extended care facility as provided and
required in the "Health Insurance for the Aged Act", 79 Stat. 313
(1965), 42 U.S.C. 1395x(k); (b) a committee of a medical staff in a
hospital having the responsibility of evaluation and improvement of the
quality of care rendered in the hospital; and (c) any medical review
committee or subcommittee thereof of a local, county or state medical or
dental society and any such society itself when such committee,
subcommittee or society is performing any medical review function
described in clauses (a) and (b) of this subdivision or involving any
controversy or dispute between (i) a physician or dentist and a patient
concerning the diagnosis, treatment or care of such patient or the fees
or charges therefor or (ii) a physician or dentist and a provider of
medical or dental benefits concerning any medical or health charges or
fees of such physician or dentist.
No physician or dentist who serves as a member of such utilization
committee shall be liable in damages to any person for any action taken
or recommendation made by him within the scope of his function as such
member of such committee if such action was taken or such recommendation
was made without malice and in the reasonable belief that such action or
recommendation is warranted by the facts known to him after reasonable
effort by him to ascertain the facts upon which such action is taken or
such recommendation is made.
Neither the proceedings nor the records of any such committee shall be
subject to disclosure under 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 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.
* NB This section 6513 came under old title VIII. Although old 6513
was repealed, there were amendments made, which are still live. As noted
above no reference to 6513 added by 987/1971.