N.Y.
Education Law Section 6513*
Penalties
11.
As used in this subdivision “utilization committee” means (a) a committee established to administer a utilization review plan of a hospital or extended care facility as provided and required in the “Health Insurance for the Aged Act”, 79 Stat. 313 (1965), 42 U.S.C. 1395x(k);(b)
a committee of a medical staff in a hospital having the responsibility of evaluation and improvement of the quality of care rendered in the hospital; and(c)
any medical review committee or subcommittee thereof of a local, county or state medical or dental society and any such society itself when such committee, subcommittee or society is performing any medical review function described in clauses (a) and (b) of this subdivision or involving any controversy or dispute between (i) a physician or dentist and a patient concerning the diagnosis, treatment or care of such patient or the fees or charges therefor or (ii) a physician or dentist and a provider of medical or dental benefits concerning any medical or health charges or fees of such physician or dentist. No physician or dentist who serves as a member of such utilization committee shall be liable in damages to any person for any action taken or recommendation made by him within the scope of his function as such member of such committee if such action was taken or such recommendation was made without malice and in the reasonable belief that such action or recommendation is warranted by the facts known to him after reasonable effort by him to ascertain the facts upon which such action is taken or such recommendation is made. Neither the proceedings nor the records of any such committee shall be subject to disclosure under 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 prohibition relating to discovery of testimony shall not apply to the statements made by any person in attendance at such a meeting who is a party to an action or proceeding the subject matter of which was reviewed at such meeting. * NB This section 6513 came under old title VIII. Although old 6513 was repealed, there were amendments made, which are still live. As noted above no reference to 6513 added by 987/1971.
Source:
Section 6513* — Penalties, https://www.nysenate.gov/legislation/laws/EDN/6513* (updated Sep. 22, 2014; accessed May 25, 2024).
