New York Appellate Division Denies Privilege Protection in PSQIA Case
In a landmark decision, the New York Appellate Division, Third Department, has denied privilege protection under the Patient Safety and Quality Improvement Act (PSQIA) in the case of Adams v. Bassett Healthcare Network. This decision marks the first appellate-level ruling in New York concerning the federal privilege protections offered by PSQIA. The court directed the disclosure of documents that the defendant claimed were privileged under PSQIA, as well as under New York State Quality Assurance privilege. The court found that the defendant failed to demonstrate that the documents were submitted to and used by its quality assurance committee, a requirement for claiming privilege. The decision raises questions about the application of PSQIA in state law claims and the evidentiary requirements for establishing privilege under this federal statute. 
