N.Y. Public Health Law 3616-A – Quality assurance
§ 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.
Terms Used In N.Y. Public Health Law 3616-A
- AIDS home care program: means a coordinated plan of care and services provided at home to persons who are medically eligible for placement in a hospital or residential health care facility and who (a) are diagnosed by a physician as having acquired immune deficiency syndrome (AIDS), or (b) are deemed by a physician, within his judgment, to be infected with the etiologic agent of acquired immune deficiency syndrome, and who has an illness, infirmity or disability which can be reasonably ascertained to be associated with such infection. See N.Y. Public Health Law 3602
- Certified home health agency: means a home care services agency which possesses a valid certificate of approval issued pursuant to the provisions of this article, or a residential health care facility or hospital possessing a valid operating certificate issued under article twenty-eight of this chapter which is authorized under section thirty-six hundred ten of this article to provide a long term home health care program. See N.Y. Public Health Law 3602
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Home care services: means one or more of the following services provided to persons at home: (a) those services provided by a home care services agency; (b) home health aide services; (c) personal care services; (d) homemaker services; (e) housekeeper or chore services. See N.Y. Public Health Law 3602
- Home care services agency: means an organization primarily engaged in arranging and/or providing directly or through contract arrangement one or more of the following: Nursing services, home health aide services, and other therapeutic and related services which may include, but shall not be limited to, physical, speech and occupational therapy, nutritional services, medical social services, personal care services, homemaker services, and housekeeper or chore services, which may be of a preventive, therapeutic, rehabilitative, health guidance, and/or supportive nature to persons at home. See N.Y. Public Health Law 3602
- Licensed home care services agency: means a home care services agency, issued a license pursuant to section three thousand six hundred five of this chapter. See N.Y. Public Health Law 3602
- Long term home health care program: means a coordinated plan of care and services provided at home to invalid, infirm, or disabled persons who are medically eligible for placement in a hospital or residential health care facility for an extended period of time if such program were unavailable. See N.Y. Public Health Law 3602
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
- Testify: Answer questions in court.
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 § 3612 of the public officers law or Article 31 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.