A590-2011 Actions

• Jan 31, 2012: reported referred to codes
• Jan 4, 2012: referred to health
• Feb 8, 2011: reported referred to codes
• Jan 5, 2011: referred to health

A590-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                          590
 2011-2012 Regular Sessions
 I N  ASSEMBLY
 (PREFILED)
 January 5, 2011
 
 Introduced  by  M.  of  A.  GOTTFRIED, DINOWITZ, GALEF, GUNTHER, PAULIN,
 CLARK, JAFFEE, COLTON, SCHIMEL -- Multi-Sponsored by -- M. of A. BREN
 NAN, CANESTRARI, COOK, JACOBS, McDONOUGH, McENENY, J. MILLER, SCARBOR
 OUGH, SPANO, SWEENEY, WEISENBERG -- read  once  and  referred  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.
 

S  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:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD02350-01-1
 
       A. 590                              2
 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
 hundred  five-l of the public health law described herein, including the
 investigation of an incident reported pursuant to section 29.29  of  the
 mental  hygiene  law, shall be subject to disclosure under article thir
 ty-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 when a medical or a quality assurance review  or
 a  medical  and  dental  malpractice  prevention  program or an incident
 reporting function described herein was performed, including the  inves
 tigation of an incident reported pursuant to section 29.29 of the mental
 hygiene law, 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.
 

S 3.

Section 6530 of the education law is  amended  by  adding  a  new
 subdivision 50 to read as follows:

 50.  FAILURE  TO  COOPERATE  AND  PARTICIPATE,  REASONABLY AND IN GOOD
 FAITH, IN THE QUALITY ASSURANCE, INCIDENT  REPORTING,  AND  PEER  REVIEW
 PROGRAMS,  ACTIVITIES, REQUIREMENTS AND PROCEDURES COVERED BY THE CONFI
 DENTIALITY PROVISIONS OF SECTION  TWENTY-EIGHT  HUNDRED  FIVE-M  OF  THE
 PUBLIC HEALTH LAW OR CLAUSE (A), (B), (D) OR (E) OF SUBDIVISION THREE OF
 SECTION SIXTY-FIVE HUNDRED TWENTY-SEVEN OF THIS TITLE.
 

S 4. This act shall take effect immediately.

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