2006 New York Code - Duty To Report.

 
    §  4405-b.  Duty  to  report. 1. (a) A health maintenance organization
  licensed pursuant  to  article  forty-three  of  the  insurance  law  or
  certified   pursuant  to  this  chapter  shall  make  a  report  to  the
  appropriate professional disciplinary agency within thirty days  of  the
  occurrence of any of the following: (i) the termination of a health care
  provider  contract  pursuant to section forty-four hundred six-d of this
  article for reasons relating to alleged mental or  physical  impairment,
  misconduct  or  impairment  of  patient  safety  or  welfare;  (ii)  the
  voluntary or involuntary termination of  a  contract  or  employment  or
  other  affiliation  with  such  organization  to avoid the imposition of
  disciplinary measures;  or  (iii)  the  termination  of  a  health  care
  provider  contract  in the case of a determination of fraud or in a case
  of imminent harm to patient health.
    (b) An organization shall make a report to be made to the  appropriate
  professional   disciplinary  agency  within  thirty  days  of  obtaining
  knowledge of any information that reasonably  appears  to  show  that  a
  health  professional  is guilty of professional misconduct as defined in
  article one hundred thirty or one hundred thirty-one-A of the  education
  law.  A  violation  of  this  subdivision  shall  not  be subject to the
  provisions of section twelve-b of this chapter.
    2. Reports of possible professional misconduct made pursuant  to  this
  section  shall  be  made  in  writing  to  the  appropriate professional
  disciplinary  agency.  Written  reports  shall  include  the   following
  information:
    (a)   the   name,  address,  profession  and  license  number  of  the
  individual; and
    (b) a description of the action taken by  the  organization  including
  the  reason  for  the  action and the date thereof, or the nature of the
  action or conduct that led to the resignation, termination  of  contract
  or  withdrawal,  and the date thereof stated with sufficient specificity
  to allow  a  reasonable  person  to  understand  which  of  the  reasons
  enumerated  led  to the action of the organization or the resignation or
  withdrawal of the individual, and, if the reason was an act or  omission
  of the individual, the particular act or omission.
    3.   (a)  Any  report  or  information  furnished  to  an  appropriate
  professional discipline agency in accordance with the provisions of this
  section shall be deemed a confidential communication and  shall  not  be
  subject  to  inspection  or  disclosure in any manner except upon formal
  written request by a duly authorized public  agency  or  pursuant  to  a
  judicial subpoena issued in a pending action or proceeding.
    (b)  Any  person,  facility, organization or corporation which makes a
  report pursuant to this section in good faith without malice shall  have
  immunity  from  any  liability,  civil or criminal, for having made such
  report. For purposes of any proceeding,  civil  or  criminal,  the  good
  faith of any person required to make a report shall be presumed.