What's happening
This bill protects the confidentiality of information shared in peer support programs for medical professionals, preventing its use in legal proceedings.
Why it matters
Expands confidentiality protections. to cover not just spoken statements but also written and electronic records (including notes, reports, and recordings) created for or during peer support meetings—making them undiscoverable in legal proceedings.
Defines eligible peer support programs and participants. narrowly, ensuring the law applies specifically to programs run by medical malpractice insurers and limits protections to physicians, dentists, physician assistants, and nurse practitioners.
Prevents compelled testimony. by anyone involved in peer support meetings, protecting both attendees and facilitators from being forced to discuss what was shared, which could encourage more open and honest participation.
Balances legal strategy. by prohibiting both insurers and insureds from selectively using peer support testimony in their favor if they claim confidentiality, reducing the risk of misuse or "cherry-picking" information for litigation advantage.
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Who cares
Headline styles
Protect Medical Peer Support Privacy
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred 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.
Protect Doctor Support Group Privacy
In Senate Committee · Insurance · Sponsor Kemp Hannon
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
3659
2017-2018 Regular Sessions
IN ASSEMBLY
January 30, 2017
Introduced by M. of A. LAVINE -- read once and referred to the Committee on Insurance
AN ACT to amend the insurance law, in relation to peer support programs for physicians, dentists, physician assistants and nurse practitioners
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The insurance law is amended by adding a new section 3436-a to read as follows:
§ 3436-a. Disclosure of information obtained and discussed within certain peer support programs. (a) For the purpose of this section:
(1) "Peer support program" means a program implemented by a domestic insurer, authorized to deliver policies of medical malpractice insurance within the state, whereby physicians, dentists, physician assistants or nurse practitioners participate in group or individual support meetings, in person or by telephone, for the purpose of assisting the physician, dentist, physician assistant or nurse practitioner with all issues associated with emotional healing and wellness.
(2) "Peer support meeting" means any meeting or telephone conversation that takes place pursuant to a peer support program.
(3) "Peer" means a physician, dentist, physician assistant or nurse practitioner who participates in a peer support meeting.
(b) Notwithstanding any other provision of law to the contrary, no statement made by any person in conjunction with a peer support program or during a peer support meeting, including but not limited, to any writing or electronic record created for the purpose of arranging, facilitating, convening, conducting or preserving a peer support meeting, or any writing or electronic record created during such meeting or in conjunction with such program's operation, shall be subject to disclosure rules under article thirty-one of the civil practice law and rules or otherwise. No person participating in, or in attendance at, a peer support meeting or working in conjunction with a peer support
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02912-01-7
A. 3659 2
program shall be compelled to testify in any judicial or quasi-judicial proceeding as to the peer support meeting or peer support program. Any insured or insurer which relies upon the protections and prohibitions provided for in this subsection shall not be permitted to rely upon any testimony of any peer arising out of participation in a peer support program or peer support meeting.
(c) This section shall apply to all oral communications, notes, records, reports and recordings arising out of a peer support counseling session that are not public records for the purposes of this section.
§ 2. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.