§ 4011. Quality assurance. 1. Every hospice is required to establish a\nquality assurance program which shall objectively and systematically\nmonitor and evaluate the quality and appropriateness of care and\nservices provided by the hospice.\n 2. The information required to be collected and maintained by hospices\npursuant to subdivision one of this section and as required by\nsubdivision four of section four thousand ten of this article shall be\nkept confidential and shall not be released except to the department;\nprovided, however, that such information shall be released to a law\nenforcement agency upon a court order based upon probable cause that\nsuch information: (a) is relevant to a criminal investigation or\nproceeding and (b) cannot be obtained through any other means. Nothing\nin this section shall prohibit a hospice from voluntarily releasing what\nit reasonably believes to be evidence of criminality to a law\nenforcement agency.\n 3. Notwithstanding any other provision of law, none of the records,\ndocumentation or committee actions or records required to be maintained\nby hospices pursuant to subdivision one of this section and as required\nby subdivision four of section four thousand ten of this article shall\nbe subject to disclosure under article six of the public officers law or\narticle thirty-one of the civil practice law and rules, except as\nhereinafter provided or as provided by any other provision of law. No\nperson in attendance at a meeting of any such committee shall be\nrequired to testify as to what transpired thereat. The prohibitions of\nthis subdivision shall not apply to statements made by any person in\nattendance at such a meeting who is a party, or employee or agent of a\nparty to any action or proceeding the subject matter of which was\nreviewed at such meeting. Nothing contained in this subdivision shall\nprohibit disclosure of records, documentation or committee actions or\nrecords relating to employment history and recommendations from being\ntransmitted to any hospice which is required by law or regulation to\nobtain such information.\n 4. There shall be no monetary liability on the part of, and no cause\nof action for damages shall arise against, any person, partnership,\ncorporation, firm, society or other entity on account of participating\nin good faith and with reasonable care in a quality assurance committee\nor the communication of information in the possession of such person or\nentity, or on account of any recommendation or evaluation, regarding the\nqualifications, fitness, conduct or practices of any officer, director,\nemployee, or agent of such hospice to any government agency,\nprofessional society, licensing or certification board as required by\nsubdivision one of this section and subdivision four of section four\nthousand ten of this article. The foregoing shall not apply to\ninformation which is untrue and communicated with malicious intent.\n
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