BILL NUMBER: S3450

SPONSOR: RIVERA
 
TITLE OF BILL:

An act to amend the public health law, in relation to qualified group
practices

 
PURPOSE:

To provide that a medical, dental, or podiatric group practice that
operates a malpractice prevention program that meets the same standards
as a hospital malpractice prevention program will have the same confi-
dentiality and immunity protections.

 
SUMMARY OF PROVISIONS:

Section 1 amends the Public Health Law, by adding a new section 2998-g,
to add a "qualified group practice" definition and provide that a quali-
fied group practice may operate a malpractice prevention program direct-
ly, or through a collaborative arrangement with a hospital or account-
able care organization, and share confidential information for the
              

purpose of peer review and quality improvement.

Section 2 provides an effective date.

 
JUSTIFICATION:

Group practices have become the norm for physicians, dentists, and
podiatrists and range in size from small groups to large organizations
with hundreds of practitioners. As groups have grown in size and sophis-
tication, it is increasingly important to assure the quality of care is
no longer solely the obligation of an individual provider but rather a
group obligation to review outcomes and collaborate on improvements as a
unified team. In 2011, the Legislature granted accountable care organ-
izations similar authority by deeming them to be a "hospital" solely for
malpractice prevention programs under PHL § 2505-m and Education Law §
6527.3. See PHL § 2999-r.

The rationale for protecting the confidentiality of peer review informa-
tion was explained by the NYS Court of Appeals in Logue V.  Velez, 92
NY2d 13 (1998): "...The purpose of the discovery exclusion is to enhance
the objectivity of the review process and to assure that medical review
committees 'may and objectively analyze the quality of health services
rendered' by hospitals..."

The same rationale should apply to a medical, dental, or podiatric group
practice that establishes a malpractice prevention program that meets
standards set forth in PHL § 2805-j(a)-(g): (a) a quality assurance
committee; (b) sanction procedures; (c) review of credentials and compe-
tence; (d) prompt resolution of patient grievances; (e) collection of
information about negative outcomes, premiums, settlements, awards,
etc.; (e) procedural recordkeeping; and (g) education programs on
patient safety, injury prevention, etc.  Across the country, neatly half
of states protect the confidentiality of peer review activities by
medical group practices other than hospitals. This bill would encourage
group practices to meet these rigorous standards and improve patient
care.

 
LEGISLATIVE HISTORY:

2015-2016: S6080 Hannon/A8556 Gottfried

2017-2018: S3662 Hannon/A2734 Gottfried 2019-2020: S1801/A1164 Gottfried

2021-2022: S1589 Rivera/A157 Gottfried

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
Immediately.