§ 4405-B — Duty to report

§ 4405-b. Duty to report. 1. (a) A health maintenance organization\nlicensed pursuant to article forty-three of the insurance law or\ncertified pursuant to this chapter shall make a report to the\nappropriate professional disciplinary agency within thirty days of the\noccurrence of any of the following: (i) the termination of a health care\nprovider contract pursuant to section forty-four hundred six-d of this\narticle for reasons relating to alleged mental or physical impairment,\nmisconduct or impairment of patient safety or welfare; (ii) the\nvoluntary or involuntary termination of a contract or employment or\nother affiliation with such organization to avoid the imposition of\ndisciplinary measures; or (iii) the termination of a health care\nprovider contract in the case of a determination of fraud or in a case\nof imminent harm to patient health.\n (b) An organization shall make a report to be made to the appropriate\nprofessional disciplinary agency within thirty days of obtaining\nknowledge of any information that reasonably appears to show that a\nhealth professional is guilty of professional misconduct as defined in\narticle one hundred thirty or one hundred thirty-one-A of the education\nlaw. A violation of this subdivision shall not be subject to the\nprovisions of section twelve-b of this chapter.\n 2. Reports of possible professional misconduct made pursuant to this\nsection shall be made in writing to the appropriate professional\ndisciplinary agency. Written reports shall include the following\ninformation:\n (a) the name, address, profession and license number of the\nindividual; and\n (b) a description of the action taken by the organization including\nthe reason for the action and the date thereof, or the nature of the\naction or conduct that led to the resignation, termination of contract\nor withdrawal, and the date thereof stated with sufficient specificity\nto allow a reasonable person to understand which of the reasons\nenumerated led to the action of the organization or the resignation or\nwithdrawal of the individual, and, if the reason was an act or omission\nof the individual, the particular act or omission.\n 3. (a) Any report or information furnished to an appropriate\nprofessional discipline agency in accordance with the provisions of this\nsection shall be deemed a confidential communication and shall not be\nsubject to inspection or disclosure in any manner except upon formal\nwritten request by a duly authorized public agency or pursuant to a\njudicial subpoena issued in a pending action or proceeding.\n (b) Any person, facility, organization or corporation which makes a\nreport pursuant to this section in good faith without malice shall have\nimmunity from any liability, civil or criminal, for having made such\nreport. For purposes of any proceeding, civil or criminal, the good\nfaith of any person required to make a report shall be presumed.\n