Senate Bill S2071

2013-2014 Legislative Session

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

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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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2013-S2071 (ACTIVE) - Details

See Assembly Version of this Bill:
A3138
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
2015-2016: S4698, A3353
2017-2018: S3661, A2460
2019-2020: S1800, A1165

2013-S2071 (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.

2013-S2071 (ACTIVE) - Sponsor Memo

2013-S2071 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  2071

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 10, 2013
                               ___________

Introduced  by  Sen.  HANNON -- 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.
  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:
  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.
                                                           LBD01440-01-3
              

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