N.Y. Public Health Law § 4011: Quality assurance

§ 4011. Quality assurance. 1. Every hospice 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 hospice.

2. The information required to be collected and maintained by hospices

pursuant to subdivision one of this section and as required by

subdivision four of section four thousand ten of this article 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 hospice 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 hospices pursuant to subdivision one of this section and as required

by subdivision four of section four thousand ten of this article 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 hospice 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 on account of participating

in good faith and with reasonable care in a quality assurance committee

or the communication of 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 hospice to any government agency,

professional society, licensing or certification board as required by

subdivision one of this section and subdivision four of section four

thousand ten of this article. The foregoing shall not apply to

information which is untrue and communicated with malicious intent.