N.Y. Public Health Law § 2998-e: Reporting in office based surgery

§ 2998-e. Reporting in office based surgery. 1. The commissioner may

enter into agreements with accrediting agencies to require all

office-based surgical practices to conduct quality improvement and

quality assurance activities and utilize certification by an appropriate

certifying organization, hospital privileging or other equivalent

methods to determine competency of practitioners to perform office-based

surgery, carry out surveys or complaint/incident investigations and

shall report, at a minimum, findings of surveys and complaint/incident

investigations, and data for all office-based surgical practices

accredited by the accrediting agencies to the department. The department

may disclose reports of aggregate data to the public.

2. The information required to be collected, maintained and reported

directly to the department and the accrediting agencies and maintained

by office-based surgery practices under adverse event reporting, quality

improvement and quality assurance activities pursuant to section two

hundred thirty-d of this chapter shall be kept confidential and shall

not be released, except to the department and except as required or

permitted under subdivision nine-a and subparagraph (v) of paragraph (a)

of subdivision ten of section two hundred thirty of this chapter.

Notwithstanding any other provision of law, none of the information

collected, maintained and reported to the department or the accrediting

agencies, and maintained by the office-based surgery practices under

adverse event reporting, quality improvement and quality assurance

activities pursuant to this section shall be subject to disclosure under

article six of the public officers law or article thirty-one of the

civil practice law and rules.

3. The commissioner shall make, adopt, promulgate and enforce such

rules and regulations, as he or she may deem appropriate, to effectuate

the purposes of this section. Where any rule or regulation under this

section would affect the scope of practice of a health care practitioner

licensed, registered or certified under title eight of the education law

other than those licensed under articles one hundred thirty-one or one

hundred thirty-one-B of the education law, the rule or regulation shall

be made with the concurrence of the commissioner of education.