In the Matter of Subpoena Duces Tecum to Jane Doe, Dated April 25, 2001 and Four Other Subpoenas Duces Tecum. Park…

Summary

The New York Court of Appeals held that infection control and incident/accident reports, which are required by federal and state regulations, are not protected by the federal nursing‑home quality‑assurance privilege and must be disclosed. Conversely, the court found that monthly skin‑condition, pressure‑sore, weight reports, and lists of facility‑acquired infections are "records of such committee" generated for quality‑assurance purposes and are therefore privileged from disclosure. The court also noted that the state public‑health law privilege claim was abandoned.