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Quality Assurance Requirements for Certified Home Health Agencies, Licensed Home Care Services Agencies, Long Term Health Care Programs, and AIDS Home Care Programs – N.Y. Pub. Health Law § 3616-a

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Certified home health agencies, licensed home care services agencies, long term health care programs and AIDS home care programs (“entities”) must create quality assurance programs in order to evaluate the quality of provided care. 


Quality assurance information maintained by these entities is confidential. Entitles may only release this information to the department or a law enforcement agency that has a valid court order. 


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.


Current as of June 2015