Section 4011. Quality assurance

1. Every hospice 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 hospice.
    2. The information required to be collected and maintained by hospices
  pursuant  to  subdivision  one  of  this  section  and  as  required  by
  subdivision four of section four thousand ten of this article  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 hospice 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  hospices pursuant to subdivision one of this section and as required
  by subdivision four of section four thousand ten of this  article  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  hospice  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 on account  of  participating
  in  good faith and with reasonable care in a quality assurance committee
  or the communication of 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  hospice  to   any   government   agency,
  professional  society,  licensing  or certification board as required by
  subdivision one of this section and subdivision  four  of  section  four
  thousand  ten  of  this  article.  The  foregoing  shall  not  apply  to
  information which is untrue and communicated with malicious intent.