N.Y. Public Health Law § 4405-b: Duty to report

§ 4405-b. Duty to report. 1. (a) A health maintenance organization

licensed pursuant to article forty-three of the insurance law or

certified pursuant to this chapter shall make a report to the

appropriate professional disciplinary agency within thirty days of the

occurrence of any of the following: (i) the termination of a health care

provider contract pursuant to section forty-four hundred six-d of this

article for reasons relating to alleged mental or physical impairment,

misconduct or impairment of patient safety or welfare; (ii) the

voluntary or involuntary termination of a contract or employment or

other affiliation with such organization to avoid the imposition of

disciplinary measures; or (iii) the termination of a health care

provider contract in the case of a determination of fraud or in a case

of imminent harm to patient health.

(b) An organization shall make a report to be made to the appropriate

professional disciplinary agency within thirty days of obtaining

knowledge of any information that reasonably appears to show that a

health professional is guilty of professional misconduct as defined in

article one hundred thirty or one hundred thirty-one-A of the education

law. A violation of this subdivision shall not be subject to the

provisions of section twelve-b of this chapter.

2. Reports of possible professional misconduct made pursuant to this

section shall be made in writing to the appropriate professional

disciplinary agency. Written reports shall include the following

information:

(a) the name, address, profession and license number of the

individual; and

(b) a description of the action taken by the organization including

the reason for the action and the date thereof, or the nature of the

action or conduct that led to the resignation, termination of contract

or withdrawal, and the date thereof stated with sufficient specificity

to allow a reasonable person to understand which of the reasons

enumerated led to the action of the organization or the resignation or

withdrawal of the individual, and, if the reason was an act or omission

of the individual, the particular act or omission.

3. (a) Any report or information furnished to an appropriate

professional discipline agency in accordance with the provisions of this

section shall be deemed a confidential communication and shall not be

subject to inspection or disclosure in any manner except upon formal

written request by a duly authorized public agency or pursuant to a

judicial subpoena issued in a pending action or proceeding.

(b) Any person, facility, organization or corporation which makes a

report pursuant to this section in good faith without malice shall have

immunity from any liability, civil or criminal, for having made such

report. For purposes of any proceeding, civil or criminal, the good

faith of any person required to make a report shall be presumed.