What's happening
This bill protects the confidentiality of statements and records from peer support programs for physicians, dentists, physician assistants, and nurse practitioners.
Why it matters
Encourages medical professionals to seek help. By guaranteeing confidentiality for discussions and records from peer support programs, the bill aims to remove a key barrier—fear of disclosure or legal repercussions—that often prevents physicians, dentists, and similar professionals from seeking emotional or mental health support.
Limits legal exposure and protects privacy. Statements and documents from peer support meetings cannot be used as evidence or be compelled in lawsuits or investigations, which could otherwise deter participation and potentially expose sensitive personal information.
Promotes wellness and patient safety. Protecting the confidentiality of these programs supports the emotional healing and wellbeing of healthcare providers, which research shows can reduce burnout and improve the quality of care for patients.
Establishes clear boundaries for insurers and courts. The bill stops both insurers and insured individuals from selectively using peer support information in legal or insurance claims, ensuring the system is not exploited and that its protective intent is preserved.
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Who cares
Headline styles
Protect Doctor Support Group Privacy
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to insurance
- Returned to senate
- Died in assembly
- Referred to insurance
- Delivered to assembly
- Passed senateVote 61–1
- Ordered to third reading cal.2117
- Committee discharged and committed to rules
- 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 Medical Peer Support Privacy
In Assembly Committee · Insurance · Sponsor Charles Lavine
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
2251
2017-2018 Regular Sessions
IN SENATE
January 12, 2017
Introduced by Sen. HANNON -- read twice and ordered printed, and when printed to be committed 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
S. 2251 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.
Sponsor's memo
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 programs.
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 dentist 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
2015-2016: S.2302 - Passed Senate, died in Assembly 2014: S.7695-A
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.