N.Y. PBH Law § 3616-A

§ 3616-a. Quality assurance. 1. Every certified home health agency,\nlicensed home care services agency, long term home health care program\nand AIDS home care program is required to establish a quality assurance\nprogram which shall objectively and systematically monitor and evaluate\nthe quality and appropriateness of care and services provided by the\nagency or program.\n 2. Confidentiality. The information required to be collected and\nmaintained by certified home health agencies, licensed home care\nservices agencies, providers of long term home health care programs and\nAIDS home care programs pursuant to subdivision one of this section and\nas required by paragraphs (a) and (d) of subdivision five and\nsubdivision six of section thirty-six hundred twelve of this chapter\nshall be kept confidential and shall not be released except to the\ndepartment. Provided, however, that such information shall be released\nto a law enforcement agency upon a court order based upon probable cause\nthat such information: (a) is relevant to a criminal investigation or\nproceeding and (b) cannot be obtained through any other means. Nothing\nin this section shall prohibit a certified home health agency, a\nlicensed home care services agency, a long term home health care program\nor an AIDS home care program from voluntarily releasing what it\nreasonably believes to be evidence of criminality to a law enforcement\nagency.\n 3. Notwithstanding any other provision of law, none of the records,\ndocumentation or committee actions or records required to be maintained\nby certified home health agencies, licensed home care services agencies,\nproviders of long term care programs or AIDS home care programs pursuant\nto subdivision one of this section and as required by paragraphs (a) and\n(d) of subdivision five and subdivision six of section thirty-six\nhundred twelve of this chapter shall be subject to disclosure under\narticle six of the public officers law or article thirty-one of the\ncivil practice law and rules, except as hereinafter provided or as\nprovided by any other provision of law. No person in attendance at a\nmeeting of any such committee shall be required to testify as to what\ntranspired thereat. The prohibitions of this subdivision shall not apply\nto statements made by any person in attendance at such a meeting who is\na party, or employee or agent of a party to any action or proceeding the\nsubject matter of which was reviewed at such meeting. Nothing contained\nin this subdivision shall prohibit disclosure of records, documentation\nor committee actions or records relating to employment history and\nrecommendations from being transmitted to any certified home health\nagency, licensed home care services agency, long-term home care program\nor AIDS home care program which is required by law or regulation to\nobtain such information.\n 4. There shall be no monetary liability on the part of, and no cause\nof action for damages shall arise against, any person, partnership,\ncorporation, firm, society or other entity participating in good faith\nand with reasonable care in a quality assurance committee or\ncommunicating information in the possession of such person or entity, or\non account of any recommendation or evaluation, regarding the\nqualifications, fitness, conduct or practices of any officer, director,\nemployee or agent of such agency or program to any government agency,\nprofessional society, licensing or certification board as required by\nsubdivision one of this section and by paragraphs (a) and (d) of\nsubdivision five and subdivision six of section thirty-six hundred\ntwelve of this chapter. The foregoing shall not apply to information\nwhich is untrue and communicated with malicious intent.\n