BILL NUMBER: S1916
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 among physicians, dentists, and
podiatrists varying in size from small groups to large organizations
with hundreds of practitioners. As groups have expanded in size and
sophistication, 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 improve-
ments as a unified team. In 2011,"the Legislature granted accountable
care organizations similar authority by deeming them to be a "hospital"
solely for malpractice prevention programs under PHL § 2505-m and Educa-
tion Law § 6527.3. See PHL § 2999-r.
The NYS Court of Appeals in Logue V. Velez, 92 NY2d 13 (1998) explained
the rationale for protecting the confidentiality of peer review informa-
tion: "...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 Rivera/A1164 Gottfried
2021-2022: S1589 Rivera/A157 Gottfried
2023-2024: S3450 Rivera/ No Same As
 
FISCAL IMPLICATIONS:
None.
 
EFFECTIVE DATE:
Effective Immediately.