Assembly Bill A10045A

2013-2014 Legislative Session

Provides for the confidentiality of all matters relating to the conducting of peer support programs for physicians, dentists, physician assistants and nurse practitioners

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Archive: Last Bill Status - In Assembly Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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Bill Amendments

2013-A10045 - Details

See Senate Version of this Bill:
S7695
Current Committee:
Assembly Insurance
Law Section:
Insurance Law
Laws Affected:
Add §3436-a, Ins L
Versions Introduced in Other Legislative Sessions:
2015-2016: A1252, S2302
2017-2018: A3659, S2251

2013-A10045 - Summary

Provides for the confidentiality of all matters relating to the conducting of peer support programs for physicians, dentists, physician assistants and nurse practitioners.

2013-A10045 - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  10045

                          I N  A S S E M B L Y

                              June 10, 2014
                               ___________

Introduced  by  COMMITTEE ON RULES -- (at request of 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, physician assistants and nurse practitioners

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The insurance law is amended by adding a new section 3436-a
to read as follows:
  S 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,  PHYSICIAN  ASSISTANTS  OR  NURSE
PRACTITIONERS  PARTICIPATE  IN  GROUP OR INDIVIDUAL SUPPORT MEETINGS, IN
PERSON OR BY TELEPHONE, FOR THE  PURPOSE  OF  ASSISTING  THE  PHYSICIAN,
PHYSICIAN  ASSISTANT  OR  NURSE  PRACTITIONER 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, PHYSICIAN ASSISTANT OR NURSE PRACTITION-
ER 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  MEET-
ING,  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. NO PERSON PARTICIPATING IN, OR IN ATTENDANCE AT, A  PEER  SUPPORT
MEETING  OR  WORKING IN CONJUNCTION WITH A PEER SUPPORT 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

2013-A10045A (ACTIVE) - Details

See Senate Version of this Bill:
S7695
Current Committee:
Assembly Insurance
Law Section:
Insurance Law
Laws Affected:
Add §3436-a, Ins L
Versions Introduced in Other Legislative Sessions:
2015-2016: A1252, S2302
2017-2018: A3659, S2251

2013-A10045A (ACTIVE) - Summary

Provides for the confidentiality of all matters relating to the conducting of peer support programs for physicians, dentists, physician assistants and nurse practitioners.

2013-A10045A (ACTIVE) - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                10045--A

                          I N  A S S E M B L Y

                              June 10, 2014
                               ___________

Introduced  by  COMMITTEE ON RULES -- (at request of M. of A. Lavine) --
  read once and referred to the  Committee  on  Insurance  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

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  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The insurance law is amended by adding a new section 3436-a
to read as follows:
  S  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 ASSO-
CIATED 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  MEET-
ING,  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
PROGRAM SHALL BE COMPELLED TO TESTIFY IN ANY JUDICIAL OR  QUASI-JUDICIAL

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

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