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– NEW YORK –
Public and Private Policy
Medical Errors and Patient Safety

Physician Participation

Neither Voluntary or Mandatory participation of physicians in NYPORTS is mentioned in New York Statutes nor Regulations. However, it is clear the physicians are included in all NYPORTS reports. Although physicians are not included in the language of the statute [Article 28 §2805-L], the regulations of the NY DOH [Title 10, § 405.8] state that:

". . . The hospital shall give written notification within seven calendar days of the initial notification. This notification shall be submitted in a format specified by the department and shall record the nature, classification and location of the incident; medical record numbers of all patients directly affected by the incident; the full name and title of physicians and hospital staff involved in the incident as well as their license, permit, certification or registration numbers; the effect of the incident on the patient; follow-up treatments and evaluations planned; the expected completion date for the hospital's investigation and identification information required by the department."

The identification of physicians is verified in all of the NYPORTS report forms [PDF], clearly demonstrating the the NYDOH targets physicians over other licensed professionals who are not included in these report forms. Therefore, whether willing or not, physician participation is manifest in NYPORTS as a focus of every report and investigation.

The Patient Health Information and Quality Improvement Act Article 29-D, Title 1 §2995(a) called for the creation of Physician Profiles. Physicians were mandated to provide reports and provide extensive and complete professional data designed for web reporting. The extensive list of mandated information is provided in the statute.

Also note that New York is one of the leaders in the country in disciplining of physicians.
The States with the 5 largest increases in physician disciplinary actions are:

State 2002 2003 % Increase
New York 395 462 17%
Georgia 112 144 29%
Florida 291 378 30%
Texas 259 356 37%
Kentucky 84 131 56%

Source: Federation of State Medical Boards. State medical board reforms partially account for the increases in Texas and Florida; Florida's numbers reflect MDs only. Percentages are rounded.

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