•  Summary 
  •  
  •  Actions 
  •  
  •  Committee Votes 
  •  
  •  Floor Votes 
  •  
  •  Memo 
  •  
  •  Text 
  •  
  •  LFIN 
  •  
  •  Chamber Video/Transcript 

A06835 Summary:

BILL NOA06835
 
SAME ASSAME AS S03242
 
SPONSORMcDonald
 
COSPNSRSeawright, Bendett, Clark
 
MLTSPNSR
 
Amd §6527, Ed L; amd §2805-m, Pub Health L
 
Removes the prohibition relating to certain discovery of testimony in certain actions for medical, dental or podiatric malpractice.
Go to top    

A06835 Actions:

BILL NOA06835
 
03/14/2025referred to higher education
Go to top

A06835 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A6835
 
SPONSOR: McDonald
  TITLE OF BILL: An act to amend the education law and the public health law, in relation to removing the prohibition relating to certain discovery of testimony   PURPOSE: To encourage full and robust discussion and the process of self-review in order to improve quality of care by granting medical providers, named as defendants in subsequent medical malpractice actions, the privilege afforded all other participants in the statutory quality assurance proceedings conducted to investigate incidents.   SUMMARY OF PROVISIONS: Section one amends education law section 6527 (3) to stipulate that the prohibition regarding discovery of testimony at quality assurance proceedings shall also apply to a person, who is a party to an action, whose subject matter was reviewed at such quality assurance proceeding. Similarly; public health law section 2805-m stipulates that for a hospi- tal malpractice prevention program, the prohibition against discovery of testimony at these program meetings shall also apply to a person who is a party to an action, whose subject matter was reviewed at such meet- ings. Section two establishes the effective date.   JUSTIFICATION: While the current law protecting the confidentiality of peer review information is protective of most parties to meetings conducted for purposes of malpractice prevention and quality assurance, these programs' effectiveness is diminished because of the exception to confi- dentiality for testimony by parties who are in an action whose subject matter also relates to the quality assurance meeting topic. The public policy behind these programs was expressed best by the New York Court of Appeals in Logue v. Velez, 92 NY 2d 13 (1998), wherein the court stated that "...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...." This legislation seeks to fully accomplish the laudable policy of encouraging self-review and enhanced quality of health care by extending the quality assurance privilege for medical providers who are named as defendants in subsequent medical malpractice actions.   LEGISLATIVE HISTORY: 2021-2022: 5.9216 2023-2024: A.5316/S.1015   FISCAL IMPLICATIONS: None   EFFECTIVE DATE: This act shall take effect on the one hundred eightieth day after it shall become a law and shall apply to all actions and proceedings commenced on or after such date.
Go to top

A06835 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          6835
 
                               2025-2026 Regular Sessions
 
                   IN ASSEMBLY
 
                                     March 14, 2025
                                       ___________
 
        Introduced  by  M.  of  A. McDONALD, SEAWRIGHT, BENDETT -- read once and
          referred to the Committee on Higher Education
 
        AN ACT to amend the education law and the public health law, in relation
          to removing the  prohibition  relating to certain discovery of  testi-
          mony

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1.  Subdivision 3 of section 6527 of  the  education  law,  as
     2  amended  by  chapter  257  of  the  laws  of 1987, is amended to read as
     3  follows:
     4    3. No individual who serves as a member of (a) a committee established
     5  to administer a utilization review  plan  of  a  hospital,  including  a
     6  hospital  as defined in article twenty-eight of the public health law or
     7  a hospital as defined in subdivision ten of section 1.03 of  the  mental
     8  hygiene  law, or (b) a committee having the responsibility of the inves-
     9  tigation of an incident reported pursuant to section 29.29 of the mental
    10  hygiene law or the evaluation and improvement of  the  quality  of  care
    11  rendered  in a hospital as defined in article twenty-eight of the public
    12  health law or a hospital as defined in subdivision ten of  section  1.03
    13  of  the  mental  hygiene  law,  or  (c)  any medical review committee or
    14  subcommittee thereof of a local, county or state medical, dental, podia-
    15  try or optometrical society, any such  society  itself,  a  professional
    16  standards  review  organization  or  an  individual when such committee,
    17  subcommittee, society, organization  or  individual  is  performing  any
    18  medical or quality assurance review function including the investigation
    19  of  an incident reported pursuant to section 29.29 of the mental hygiene
    20  law, either described in  clauses  (a)  and  (b)  of  this  subdivision,
    21  required  by  law, or involving any controversy or dispute between (i) a
    22  physician, dentist, podiatrist or optometrist or hospital  administrator
    23  and  a  patient  concerning  the  diagnosis,  treatment  or care of such
    24  patient or the fees or charges therefor or (ii)  a  physician,  dentist,
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00936-01-5

        A. 6835                             2
 
     1  podiatrist  or  optometrist  or hospital administrator and a provider of
     2  medical, dental,  podiatric  or  optometrical  services  concerning  any
     3  medical or health charges or fees of such physician, dentist, podiatrist
     4  or  optometrist,  or (d) a committee appointed pursuant to section twen-
     5  ty-eight hundred five-j of the public health law to participate  in  the
     6  medical and dental malpractice prevention program, or (e) any individual
     7  who  participated in the preparation of incident reports required by the
     8  department of health pursuant to section twenty-eight hundred five-l  of
     9  the  public  health  law, or (f) a committee established to administer a
    10  utilization review plan, or a committee  having  the  responsibility  of
    11  evaluation  and improvement of the quality of care rendered, in a health
    12  maintenance organization  organized  under  article  forty-four  of  the
    13  public health law or article forty-three of the insurance law, including
    14  a  committee  of  an  individual  practice  association or medical group
    15  acting pursuant to a contract with such a health  maintenance  organiza-
    16  tion,  shall  be liable in damages to any person for any action taken or
    17  recommendations made, [by him] within the scope of [his] their  function
    18  in  such  capacity provided that (a) such individual has taken action or
    19  made recommendations within the scope of [his] their function and  with-
    20  out  malice,  and (b) in the reasonable belief after reasonable investi-
    21  gation that the act or recommendation  was  warranted,  based  upon  the
    22  facts disclosed.
    23    Neither  the  proceedings nor the records relating to performance of a
    24  medical or a quality assurance review function  or  participation  in  a
    25  medical  and  dental  malpractice  prevention  program  nor  any  report
    26  required by the department of health pursuant  to  section  twenty-eight
    27  hundred  five-l of the public health law described herein, including the
    28  investigation of an incident reported pursuant to section 29.29  of  the
    29  mental  hygiene  law, shall be subject to disclosure under article thir-
    30  ty-one of the  civil  practice  law  and  rules  except  as  hereinafter
    31  provided  or  as  provided  by  any other provision of law. No person in
    32  attendance at a meeting when a medical or a quality assurance review  or
    33  a  medical  and  dental  malpractice  prevention  program or an incident
    34  reporting function described herein was performed, including the  inves-
    35  tigation of an incident reported pursuant to section 29.29 of the mental
    36  hygiene law, shall be required to testify as to what transpired thereat.
    37  The  prohibition relating to discovery of testimony shall [not] apply to
    38  the statements made by any person in attendance at such a meeting who is
    39  a party to an action or proceeding  the  subject  matter  of  which  was
    40  reviewed at such meeting.
    41    §  2.  Subdivision  2  of  section 2805-m of the public health law, as
    42  amended by chapter 808 of the laws  of  1987,  is  amended  to  read  as
    43  follows:
    44    2.  Notwithstanding  any other provisions of law, none of the records,
    45  documentation or committee  actions  or  records  required  pursuant  to
    46  sections  twenty-eight hundred five-j and twenty-eight hundred five-k of
    47  this article, the reports  required  pursuant  to  section  twenty-eight
    48  hundred  five-l  of this article nor any incident reporting requirements
    49  imposed upon diagnostic and treatment centers pursuant to the provisions
    50  of this chapter shall be subject to disclosure under article six of  the
    51  public  officers law or article thirty-one of the civil practice law and
    52  rules, except as hereinafter  provided  or  as  provided  by  any  other
    53  provision  of  law.  No  person  in  attendance at a meeting of any such
    54  committee shall be required to testify as to  what  transpired  thereat.
    55  The  prohibition relating to discovery of testimony shall [not] apply to
    56  the statements made by any person in attendance at such a meeting who is

        A. 6835                             3
 
     1  a party to an action or proceeding  the  subject  matter  of  which  was
     2  reviewed at such meeting.
     3    § 3. This act shall take effect on the one hundred eightieth day after
     4  it  shall  have  become  a  law  and  shall  apply  to  all  actions and
     5  proceedings commenced on or after such date.
Go to top