Quality Assurance Requirements – N.Y. Pub. Health Law § 4011

Hospices must create quality assurance programs in order to evaluate the quality of provided services. 

Quality assurance information maintained by hospices is confidential. Hospices may only release this information to the department or a law enforcement agency that has a valid court order. However, if a hospice believes they have “evidence of criminality,” they may voluntarily release this evidence to law enforcement. 

Individuals may not use the Freedom of Information Law or discovery to obtain confidential quality information. Individuals may not testify about information discussed during a quality assurance meeting unless the meeting related to a legal proceeding in which the testifying individual is involved. Quality assurance programs may, if permitted by law or regulation, obtain records and information “relating to employment history and recommendations.”

Individuals and entities are immune from liability that may arise from their good faith participation in a quality assurance program or good faith provision of information to a quality assurance program.