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Sponsors
No co-sponsors yet.
History
- Print number 7695a
- Amend (t) and recommit to insurance
- Referred to insurance
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Provides for the confidentiality of all matters relating to the conducting of peer support programs for physicians, dentists, physician assistants and nurse practitioners
In Assembly Committee · Insurance · Sponsor Charles Lavine
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
BILL NUMBER:S7695A
Title of bill
An act to amend the insurance law, in relation to peer support programs for physicians, dentists, physician assistants and nurse practitioners
Purpose
Prohibits disclosure of statements made in conjunction with a peer support program or during a peer support meeting.
Summary of provisions
Section one of the bill creates a new section 3436-A to the Insurance Law that will preclude from discovery in any judicial or quasi-judicial proceeding any information or communication made within or for the purpose of arranging, facilitating, convening, conducting, or preserving peer support program.
Section two of this bill provides for an immediate effective date.
Justification
Peer support groups are established with the focus on all issues associated with emotional and professional support for the physicians. Risk of adverse disclosure are outweighed by the benefits of participation in peer support programs and this piece of legislation would minimize the risk. Peer support groups provide a forum for physicians, dentists, physician's assistants or nurse practitioners with similar expertise and experiences to compare and contrast regarding unique situations to help foster the well-being of the physicians while simultaneously improving the efficiency of the professional and patient.
Physician or dentists defendants are routinely asked broad questions as to conversations they may have had concerning lawsuits they are in or its subject matter. The scope of discovery is quiet broad, encompassing all information that may be material or necessary in litigating the action. Statutes governing the confidentiality of malpractice prevention and peer review activities are specifically applicable to hospital-based programs and would not apply to those programs affiliated with an insurer. Furthermore, the current law specifically exempts statements made by a defendant physician or dentist from any protection that would otherwise be afforded.
The physician-client privilege will not apply because there is no treatment or diagnosis provided. Communications with a liability insure may be protected as material prepared for litigation; however, that protection only applied to a statement by the defendant if it was made in the anticipation of litigation or trial. Since the peer support programs are set apart from the investigations and defense of the claim, therefore protection under the litigation preparation flag is unclear.
Legislative history
New bill.
Fiscal implications
None to the State.
Effective date
Immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.