§ 4011. Quality assurance. 1. Every hospice is required to establish a
quality assurance program which shall objectively and systematically
monitor and evaluate the quality and appropriateness of care and
services provided by the hospice.

2. The information required to be collected and maintained by hospices
pursuant to subdivision one of this section and as required by
subdivision four of section four thousand ten of this article shall be
kept confidential and shall not be released except to the department;
provided, however, that such information shall be released to a law
enforcement agency upon a court order based upon probable cause that
such information: (a) is relevant to a criminal investigation or
proceeding and (b) cannot be obtained through any other means. Nothing
in this section shall prohibit a hospice from voluntarily releasing what
it reasonably believes to be evidence of criminality to a law
enforcement agency.

3. Notwithstanding any other provision of law, none of the records,
documentation or committee actions or records required to be maintained
by hospices pursuant to subdivision one of this section and as required
by subdivision four of section four thousand ten of this article shall
be subject to disclosure under article six of the public officers law or
article thirty-one of the civil practice law and rules, except as
hereinafter provided or as provided by any other provision of law. No
person in attendance at a meeting of any such committee shall be
required to testify as to what transpired thereat. The prohibitions of
this subdivision shall not apply to statements made by any person in
attendance at such a meeting who is a party, or employee or agent of a
party to any action or proceeding the subject matter of which was
reviewed at such meeting. Nothing contained in this subdivision shall
prohibit disclosure of records, documentation or committee actions or
records relating to employment history and recommendations from being
transmitted to any hospice which is required by law or regulation to
obtain such information.

4. There shall be no monetary liability on the part of, and no cause
of action for damages shall arise against, any person, partnership,
corporation, firm, society or other entity on account of participating
in good faith and with reasonable care in a quality assurance committee
or the communication of information in the possession of such person or
entity, or on account of any recommendation or evaluation, regarding the
qualifications, fitness, conduct or practices of any officer, director,
employee, or agent of such hospice to any government agency,
professional society, licensing or certification board as required by
subdivision one of this section and subdivision four of section four
thousand ten of this article. The foregoing shall not apply to
information which is untrue and communicated with malicious intent.