N.Y. Public Health Law § 3616-a: Quality assurance

§ 3616-a. Quality assurance. 1. Every certified home health agency,

licensed home care services agency, long term home health care program

and AIDS home care program is required to establish a quality assurance

program which shall objectively and systematically monitor and evaluate

the quality and appropriateness of care and services provided by the

agency or program.

2. Confidentiality. The information required to be collected and

maintained by certified home health agencies, licensed home care

services agencies, providers of long term home health care programs and

AIDS home care programs pursuant to subdivision one of this section and

as required by paragraphs (a) and (d) of subdivision five and

subdivision six of section thirty-six hundred twelve of this chapter

shall be kept confidential and shall not be released except to the

department. Provided, however, that such information shall be released

to a law enforcement agency upon a court order based upon probable cause

that such information: (a) is relevant to a criminal investigation or

proceeding and (b) cannot be obtained through any other means. Nothing

in this section shall prohibit a certified home health agency, a

licensed home care services agency, a long term home health care program

or an AIDS home care program from voluntarily releasing what it

reasonably believes to be evidence of criminality to a law enforcement

agency.

3. Notwithstanding any other provision of law, none of the records,

documentation or committee actions or records required to be maintained

by certified home health agencies, licensed home care services agencies,

providers of long term care programs or AIDS home care programs pursuant

to subdivision one of this section and as required by paragraphs (a) and

(d) of subdivision five and subdivision six of section thirty-six

hundred twelve 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 prohibitions of this subdivision shall not apply

to statements made by any person in attendance at such a meeting who is

a party, or employee or agent of a party to any action or proceeding the

subject matter of which was reviewed at such meeting. Nothing contained

in this subdivision shall prohibit disclosure of records, documentation

or committee actions or records relating to employment history and

recommendations from being transmitted to any certified home health

agency, licensed home care services agency, long-term home care program

or AIDS home care program which is required by law or regulation to

obtain such information.

4. There shall be no monetary liability on the part of, and no cause

of action for damages shall arise against, any person, partnership,

corporation, firm, society or other entity participating in good faith

and with reasonable care in a quality assurance committee or

communicating information in the possession of such person or entity, or

on account of any recommendation or evaluation, regarding the

qualifications, fitness, conduct or practices of any officer, director,

employee or agent of such agency or program to any government agency,

professional society, licensing or certification board as required by

subdivision one of this section and by paragraphs (a) and (d) of

subdivision five and subdivision six of section thirty-six hundred

twelve of this chapter. The foregoing shall not apply to information

which is untrue and communicated with malicious intent.