2023 New York Laws › PBH - Public Health › Article 44 - Health Maintenance Organizations › 4405-B - Duty to Report.

§  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.