N.Y. Pub. Health Law § 2998-e

§ 2998-e. * Reporting of adverse events in office based surgery.\n * NB Effective until April 13, 2016\n * Reporting in office based surgery.\n * NB Effective April 13, 2016\n * 1. The commissioner shall enter into agreements with accrediting\nagencies pursuant to which the accrediting agencies shall report, at a\nminimum, aggregate data on adverse events for all office-based surgical\npractices accredited by the accrediting agencies to the department. The\ndepartment may disclose reports of aggregate data to the public.\n * NB Effective until April 13, 2016\n * 1. The commissioner may enter into agreements with accrediting\nagencies to require all office-based surgical practices to conduct\nquality improvement and quality assurance activities and utilize\ncertification by an appropriate certifying organization, hospital\nprivileging or other equivalent methods to determine competency of\npractitioners to perform office-based surgery, carry out surveys or\ncomplaint/incident investigations and shall report, at a minimum,\nfindings of surveys and complaint/incident investigations, and data for\nall office-based surgical practices accredited by the accrediting\nagencies to the department. The department may disclose reports of\naggregate data to the public.\n * NB Effective April 13, 2016\n * 2. The information required to be collected, maintained and reported\ndirectly to the department pursuant to section two hundred thirty-d of\nthis chapter shall be kept confidential and shall not be released,\nexcept to the department and except as required or permitted under\nsubdivision nine-a and subparagraph (v) of paragraph (a) of subdivision\nten of section two hundred thirty of this chapter. Notwithstanding any\nother provision of law, none of such information shall be subject to\ndisclosure under article six of the public officers law or article\nthirty-one of the civil practice law and rules.\n * NB Effective until April 13, 2016\n * 2. The information required to be collected, maintained and reported\ndirectly to the department and the accrediting agencies and maintained\nby office-based surgery practices under adverse event reporting, quality\nimprovement and quality assurance activities pursuant to section two\nhundred thirty-d of this chapter shall be kept confidential and shall\nnot be released, except to the department and except as required or\npermitted under subdivision nine-a and subparagraph (v) of paragraph (a)\nof subdivision ten of section two hundred thirty of this chapter.\nNotwithstanding any other provision of law, none of the information\ncollected, maintained and reported to the department or the accrediting\nagencies, and maintained by the office-based surgery practices under\nadverse event reporting, quality improvement and quality assurance\nactivities pursuant to this section shall be subject to disclosure under\narticle six of the public officers law or article thirty-one of the\ncivil practice law and rules.\n * NB Effective April 13, 2016\n 3. The commissioner shall make, adopt, promulgate and enforce such\nrules and regulations, as he or she may deem appropriate, to effectuate\nthe purposes of this section. Where any rule or regulation under this\nsection would affect the scope of practice of a health care practitioner\nlicensed, registered or certified under title eight of the education law\nother than those licensed under articles one hundred thirty-one or one\nhundred thirty-one-B of the education law, the rule or regulation shall\nbe made with the concurrence of the commissioner of education.\n