Section 3616-A. Quality assurance

1. Every certified home health agency,
  licensed home care services agency, long term home health  care  program
  and  AIDS home care program is required to establish a quality assurance
  program which shall objectively and systematically monitor and  evaluate
  the  quality  and  appropriateness  of care and services provided by the
  agency or program.
    2. Confidentiality. The  information  required  to  be  collected  and
  maintained  by  certified  home  health  agencies,  licensed  home  care
  services agencies, providers of long term home health care programs  and
  AIDS  home care programs pursuant to subdivision one of this section and
  as  required  by  paragraphs  (a)  and  (d)  of  subdivision  five   and
  subdivision  six  of  section  thirty-six hundred twelve of this chapter
  shall be kept confidential and shall  not  be  released  except  to  the
  department.   Provided, however, that such information shall be released
  to a law enforcement agency upon a court order based upon probable cause
  that such information: (a) is relevant to a  criminal  investigation  or
  proceeding  and  (b) cannot be obtained through any other means. Nothing
  in this section  shall  prohibit  a  certified  home  health  agency,  a
  licensed home care services agency, a long term home health care program
  or  an  AIDS  home  care  program  from  voluntarily  releasing  what it
  reasonably believes to be evidence of criminality to a  law  enforcement
  agency.
    3.  Notwithstanding  any  other provision of law, none of the records,
  documentation or committee actions or records required to be  maintained
  by certified home health agencies, licensed home care services agencies,
  providers of long term care programs or AIDS home care programs pursuant
  to subdivision one of this section and as required by paragraphs (a) and
  (d)  of  subdivision  five  and  subdivision  six  of section thirty-six
  hundred twelve of this chapter shall  be  subject  to  disclosure  under
  article  six  of  the  public  officers law or article thirty-one of the
  civil practice law and rules,  except  as  hereinafter  provided  or  as
  provided  by  any  other  provision of law. No person in attendance at a
  meeting of any such committee shall be required to testify  as  to  what
  transpired thereat. The prohibitions of this subdivision shall not apply
  to  statements made by any person in attendance at such a meeting who is
  a party, or employee or agent of a party to any action or proceeding the
  subject matter of which was reviewed at such meeting. Nothing  contained
  in  this subdivision shall prohibit disclosure of records, documentation
  or committee actions or  records  relating  to  employment  history  and
  recommendations  from  being  transmitted  to  any certified home health
  agency, licensed home care services agency, long-term home care  program
  or  AIDS  home  care  program  which is required by law or regulation to
  obtain such information.
    4. There shall be no monetary liability on the part of, and  no  cause
  of  action  for  damages  shall  arise against, any person, partnership,
  corporation, firm, society or other entity participating in  good  faith
  and   with   reasonable   care  in  a  quality  assurance  committee  or
  communicating information in the possession of such person or entity, or
  on  account  of  any  recommendation  or   evaluation,   regarding   the
  qualifications,  fitness, conduct or practices of any officer, director,
  employee or agent of such agency or program to  any  government  agency,
  professional  society,  licensing  or certification board as required by
  subdivision one of this  section  and  by  paragraphs  (a)  and  (d)  of
  subdivision  five  and  subdivision  six  of  section thirty-six hundred
  twelve of this chapter. The foregoing shall  not  apply  to  information
  which is untrue and communicated with malicious intent.