§ 4405-b. Duty to report. 1. (a) A health maintenance organization
licensed pursuant to article forty-three of the insurance law or
certified pursuant to this chapter shall make a report to the
appropriate professional disciplinary agency within thirty days of the
occurrence of any of the following: (i) the termination of a health care
provider contract pursuant to section forty-four hundred six-d of this
article for reasons relating to alleged mental or physical impairment,
misconduct or impairment of patient safety or welfare; (ii) the
voluntary or involuntary termination of a contract or employment or
other affiliation with such organization to avoid the imposition of
disciplinary measures; or (iii) the termination of a health care
provider contract in the case of a determination of fraud or in a case
of imminent harm to patient health.

(b) An organization shall make a report to be made to the appropriate
professional disciplinary agency within thirty days of obtaining
knowledge of any information that reasonably appears to show that a
health professional is guilty of professional misconduct as defined in
article one hundred thirty or one hundred thirty-one-A of the education
law. A violation of this subdivision shall not be subject to the
provisions of section twelve-b of this chapter.

2. Reports of possible professional misconduct made pursuant to this
section shall be made in writing to the appropriate professional
disciplinary agency. Written reports shall include the following
information:

(a) the name, address, profession and license number of the
individual; and

(b) a description of the action taken by the organization including
the reason for the action and the date thereof, or the nature of the
action or conduct that led to the resignation, termination of contract
or withdrawal, and the date thereof stated with sufficient specificity
to allow a reasonable person to understand which of the reasons
enumerated led to the action of the organization or the resignation or
withdrawal of the individual, and, if the reason was an act or omission
of the individual, the particular act or omission.

3. (a) Any report or information furnished to an appropriate
professional discipline agency in accordance with the provisions of this
section shall be deemed a confidential communication and shall not be
subject to inspection or disclosure in any manner except upon formal
written request by a duly authorized public agency or pursuant to a
judicial subpoena issued in a pending action or proceeding.

(b) Any person, facility, organization or corporation which makes a
report pursuant to this section in good faith without malice shall have
immunity from any liability, civil or criminal, for having made such
report. For purposes of any proceeding, civil or criminal, the good
faith of any person required to make a report shall be presumed.