State Codes and Statutes

Statutes > New-york > Pbh > Article-29-d > Title-1 > 2995-a

§  2995-a.  Physician  profiles.  1.  The department shall collect the  following  information  and  create  individual  profiles  on  licensees  subject  to the authority of the office of professional medical conduct,  in a format that shall be available for dissemination to the public:    (a) a statement of any criminal convictions  (as  defined  by  section  1.20  of  the  criminal procedure law) within the most recent ten years,  under the laws of New York state or any other jurisdiction, for offenses  specified by regulations of the department;    (b) a statement of any action  (other  than  an  action  that  remains  confidential) taken against the licensee pursuant to section two hundred  thirty of this chapter or any similar action taken by any other state or  licensing entity, within the most recent ten years;    (c)  a  statement  of  any  current  limitation  of  the licensee to a  specified area, type, scope or condition of practice;    (d) a statement of any loss or  involuntary  restriction  of  hospital  privileges  or  a  failure to renew professional privileges at hospitals  within the last ten years, for reasons related to the quality of patient  care delivered or to be delivered by the physician where procedural  due  process has been afforded, exhausted, or waived, or the resignation from  or removal of medical staff membership or restriction of privileges at a  hospital  taken  in  lieu  of a pending disciplinary case related to the  quality of patient care delivered or to be delivered  by  the  physician  (notwithstanding   paragraph   (a)   of  subdivision  three  of  section  twenty-eight hundred three-e of this chapter, as added by chapter  eight  hundred sixty-six of the laws of nineteen hundred eighty);    (e) (i) a statement indicating the number of medical malpractice court  judgments  and  arbitration  awards  within the most recent ten years in  which a payment is  awarded  to  a  complaining  party  (notwithstanding  subsection  (f)  of section three hundred fifteen of the insurance law);  and    (ii) a statement indicating all  malpractice  settlements  within  the  most recent ten years in which payment is awarded to a complaining party  (notwithstanding  subsection (f) of section three hundred fifteen of the  insurance law),    (A) if the total number of settlements exceeds two; or    (B) if the  commissioner  determines  any  such  settlement  could  be  relevant  to  patient decisionmaking concerning health care quality. The  statement shall include the following: "Settlement payments will  appear  in  this profile only if the total number of settlements made within the  past ten years exceeds two, or if the commissioner of health  determines  a  settlement  to be relevant to patient decisionmaking. Settlement of a  claim may occur for a variety  of  reasons,  which  do  not  necessarily  reflect  negatively  on  the  professional  competence or conduct of the  physician. A payment in settlement of a medical  malpractice  action  or  claim   does  not  necessarily  mean  that  a  medical  malpractice  has  occurred." The commissioner may supplement  such  statement  as  may  be  appropriate.    (iii) judgments, awards and settlements shall be reported in graduated  categories  indicating  the level of significance, date and place of the  judgment,  award   or   settlement.   Information   concerning   medical  malpractice judgments, awards and settlements shall be put in context by  comparing  an  individual  licensee's medical malpractice settlements to  the experience of other physicians in New York  state  within  the  same  board  specialty.  Pending  malpractice claims shall not be disclosed to  the public under this section. Nothing  herein  shall  be  construed  to  prevent  the  board from investigating or disciplining a licensee on the  basis of medical malpractice claims that are pending;    (f) name of medical schools attended and date of graduations;(g) graduate medical education;    (h) current speciality board certification and date of certification;    (i) dates admitted to practice in New York state;    (j) names of hospitals where the licensee has practice privileges;    (k)  appointments  to  medical  school  faculties and indication as to  whether a  licensee  has  had  a  responsibility  for  graduate  medical  education within the most recent ten years;    (l)  information  regarding  publications  in  peer  reviewed  medical  literature within the most recent ten years;    (m) information regarding professional or community service activities  or awards;    (n) (i) the  location  of  the  licensee's  primary  practice  setting  identified as such; and    (ii)  the  names  of  any  licensed  physicians with whom the licensee  shares a group practice, as defined in subdivision five of  section  two  hundred thirty-eight of this chapter;    (o)  the  identification  of  any  translating  services  that  may be  available at the licensee's primary practice location;    (p) whether the licensee participates  in  the  medicaid  or  medicare  program  or  any  other  state  or  federally  financed health insurance  program; and    (q)  health  care  plans  with  which  the  licensee  has   contracts,  employment, or other affiliation.    1-a.  Each physician licensed and registered to practice in this state  shall within one hundred twenty days  of  the  effective  date  of  this  subdivision   and   upon   entering  or  updating  his  or  her  profile  information:    (a) register and maintain an  account  with  the  department's  health  provider  network  and  any  successor  electronic system established to  facilitate communications between the  department  and  licensed  health  care providers; or    (b) provide an e-mail address to the department which shall be used by  the  department  to  communicate  with  the  physician.  Licensees shall  provide notice to the department  of  changed  e-mail  addresses  within  thirty   days   of  the  change.  Licensee  e-mail  addresses  shall  be  confidential and shall not  be  published  as  part  of  the  licensee's  profile. The e-mail addresses may be used for department purposes only.    2.  Nothing  in this section shall limit the department's authority to  collect,  require  reporting  of,  publish  or   otherwise   disseminate  information about licensees.    3.  Each  physician  who  is  self-insured  for  professional  medical  malpractice shall periodically report to the department on forms and  in  the  time  and  manner  required  by  the  commissioner  the information  specified in paragraph (f) of subdivision one of  this  section,  except  that  the physician shall report the dollar amount (to the extent of the  physician's  information  and  belief)  for  each  judgment,  award  and  settlement and not a level of significance or context.    4. Each physician shall periodically report to the department on forms  and  in  the  time  and  manner  required  by the commissioner any other  information as is required by the  department  for  the  development  of  profiles   under   this   section  which  is  not  otherwise  reasonably  obtainable. In addition to such periodic reports and providing the  same  information,  each physician shall update his or her profile information  within the six months prior to the expiration date of  such  physician's  registration  period,  as  a  condition  of  registration  renewal under  article one hundred thirty-one of the education law.    5. The department shall provide each licensee with a copy  of  his  or  her profile prior to dissemination to the public. In the manner and timerequired   by  the  commissioner,  a  licensee  shall  be  provided  the  opportunity to correct factual inaccuracies that appear in the  profile.  The  physician shall be permitted to file a concise statement concerning  information  contained  in  the  profile,  which  shall  be disseminated  therewith.    6. A physician may elect to have  his  or  her  profile  omit  certain  information  provided  pursuant  to  paragraphs (l), (m), (n) and (q) of  subdivision one of this section.  In  collecting  information  for  such  profiles  and  disseminating  the  same,  the  department  shall  inform  physicians that they may choose not to provide such information required  pursuant to paragraphs (l), (m), (n) and (q) of subdivision one of  this  section.    7.   A   physician   who   knowingly  provides  materially  inaccurate  information  under  this  section  shall  be  guilty   of   professional  misconduct   pursuant  to  section  sixty-five  hundred  thirty  of  the  education law.    8. The department shall establish a toll-free telephone number through  which it shall answer inquiries about and accept orders  for  hard  copy  physician  profiles  established  pursuant  to  this  section and accept  consumer  complaints  about  suspected  professional   misconduct.   The  department  may  charge  a  nominal fee for producing and mailing a hard  copy physician profile.    9. The department shall, in addition to hard copy physician  profiles,  provide  for  electronic  access  to  and  copying of physician profiles  developed pursuant to this section through the system commonly known  as  the Internet.    10. The commissioner shall require that:    (a)  Practitioner  organizations that are representative of the target  group for profiling, and health care consumer organizations, be provided  the opportunity to review and  comment  on  the  profiling  methodology,  including  collection  methods,  analysis,  formatting,  and methods and  means for release and dissemination.    (b) Comparisons of practitioner profiles shall be organized  according  to practitioner areas of practice.    11.  The commissioner shall evaluate the utility and practicability of  including in the profile a comparison of malpractice data by  geographic  area.  However,  the  implementation of the profile shall not be delayed  pending such evaluation.    12. The commissioner shall develop and distribute  a  notice  suitable  for  posting  that  informs  consumers  of the availability of physician  profiles and the telephone numbers and Internet addresses for  accessing  them.    13.   Further   study   of   physician  profiles.  After  the  initial  dissemination of the data identified in subdivision one of this section,  the department shall conduct a further study of  physician  profiles  as  follows:    (a) Data sources. The department shall identify the types of physician  data to which the public has access, including all information available  from  federal,  state  or  local  agencies  which  is  useful for making  determinations  concerning  health  care  quality  determinations.   The  department  shall  study  all  physician data reporting requirements and  develop recommendations to consolidate  data  collection  and  eliminate  duplicate  and  unnecessary  reporting  requirements,  or  to supplement  existing reporting requirements in order to satisfy the requirements  of  this section.    (b)  Supplemental  information adjustment and security safeguards. The  department shall develop a  methodology  for  application  to  collected  physician data that accounts for factors such as frequency, severity andgeographic area which shall be used to provide context to reported data.  Any  such  methodology  shall  not  diminish  the  information  reported  pursuant  to  subdivision  one  of  this  section.  In  developing  such  methodology,  the  department  may  consult  with  physicians, including  representatives of appropriate specialty societies. The  department  may  also  consult  with  organizations  representing consumers, other health  care providers, and  health  care  plans.  Any  such  methodology  shall  include  adequate  and  appropriate  safeguards  to ensure the security,  accuracy  and  integrity  of  health  information   created,   received,  maintained,  used or transmitted in connection with the statewide health  information system. Such safeguards shall  be  sufficient  to  meet  any  minimum standards set by state and federal laws and regulations.    (c)  Public  review.  The department shall provide organizations which  are representative of consumers, physicians,  including  representatives  of  appropriate  specialty  societies,  other  health care providers and  health  care  plans  the  opportunity  to  review  and  comment  on  its  determinations  and  recommendations. The department shall consider such  comments, and  may  amend  its  determinations  and  recommendations  to  reflect them.    (d)   Report.   The   department   shall   provide  a  report  of  its  determinations and recommendations to the governor and legislature,  and  make  such report publicly available, within six months of the effective  date of this section.    (e)  Application.  The  department   shall   thereafter   apply   such  methodology to the data to be disseminated in physician profiles.    14.  The  physician  data  so disseminated shall be updated at regular  intervals to be determined by the department.    15. All  physician  data  disseminated  shall  include  the  following  statement: "THE DATA COLLECTED BY THE DEPARTMENT IS ACCURATE TO THE BEST  OF THE KNOWLEDGE OF THE DEPARTMENT, BASED ON THE INFORMATION SUPPLIED BY  THE PHYSICIAN WHO IS THE SUBJECT OF THE DATA."    16.  If, after initial dissemination of the physician data required by  this section, the department determines that any such data is not useful  for making quality determinations, the department shall recommend to the  legislature the necessary statutory changes.

State Codes and Statutes

Statutes > New-york > Pbh > Article-29-d > Title-1 > 2995-a

§  2995-a.  Physician  profiles.  1.  The department shall collect the  following  information  and  create  individual  profiles  on  licensees  subject  to the authority of the office of professional medical conduct,  in a format that shall be available for dissemination to the public:    (a) a statement of any criminal convictions  (as  defined  by  section  1.20  of  the  criminal procedure law) within the most recent ten years,  under the laws of New York state or any other jurisdiction, for offenses  specified by regulations of the department;    (b) a statement of any action  (other  than  an  action  that  remains  confidential) taken against the licensee pursuant to section two hundred  thirty of this chapter or any similar action taken by any other state or  licensing entity, within the most recent ten years;    (c)  a  statement  of  any  current  limitation  of  the licensee to a  specified area, type, scope or condition of practice;    (d) a statement of any loss or  involuntary  restriction  of  hospital  privileges  or  a  failure to renew professional privileges at hospitals  within the last ten years, for reasons related to the quality of patient  care delivered or to be delivered by the physician where procedural  due  process has been afforded, exhausted, or waived, or the resignation from  or removal of medical staff membership or restriction of privileges at a  hospital  taken  in  lieu  of a pending disciplinary case related to the  quality of patient care delivered or to be delivered  by  the  physician  (notwithstanding   paragraph   (a)   of  subdivision  three  of  section  twenty-eight hundred three-e of this chapter, as added by chapter  eight  hundred sixty-six of the laws of nineteen hundred eighty);    (e) (i) a statement indicating the number of medical malpractice court  judgments  and  arbitration  awards  within the most recent ten years in  which a payment is  awarded  to  a  complaining  party  (notwithstanding  subsection  (f)  of section three hundred fifteen of the insurance law);  and    (ii) a statement indicating all  malpractice  settlements  within  the  most recent ten years in which payment is awarded to a complaining party  (notwithstanding  subsection (f) of section three hundred fifteen of the  insurance law),    (A) if the total number of settlements exceeds two; or    (B) if the  commissioner  determines  any  such  settlement  could  be  relevant  to  patient decisionmaking concerning health care quality. The  statement shall include the following: "Settlement payments will  appear  in  this profile only if the total number of settlements made within the  past ten years exceeds two, or if the commissioner of health  determines  a  settlement  to be relevant to patient decisionmaking. Settlement of a  claim may occur for a variety  of  reasons,  which  do  not  necessarily  reflect  negatively  on  the  professional  competence or conduct of the  physician. A payment in settlement of a medical  malpractice  action  or  claim   does  not  necessarily  mean  that  a  medical  malpractice  has  occurred." The commissioner may supplement  such  statement  as  may  be  appropriate.    (iii) judgments, awards and settlements shall be reported in graduated  categories  indicating  the level of significance, date and place of the  judgment,  award   or   settlement.   Information   concerning   medical  malpractice judgments, awards and settlements shall be put in context by  comparing  an  individual  licensee's medical malpractice settlements to  the experience of other physicians in New York  state  within  the  same  board  specialty.  Pending  malpractice claims shall not be disclosed to  the public under this section. Nothing  herein  shall  be  construed  to  prevent  the  board from investigating or disciplining a licensee on the  basis of medical malpractice claims that are pending;    (f) name of medical schools attended and date of graduations;(g) graduate medical education;    (h) current speciality board certification and date of certification;    (i) dates admitted to practice in New York state;    (j) names of hospitals where the licensee has practice privileges;    (k)  appointments  to  medical  school  faculties and indication as to  whether a  licensee  has  had  a  responsibility  for  graduate  medical  education within the most recent ten years;    (l)  information  regarding  publications  in  peer  reviewed  medical  literature within the most recent ten years;    (m) information regarding professional or community service activities  or awards;    (n) (i) the  location  of  the  licensee's  primary  practice  setting  identified as such; and    (ii)  the  names  of  any  licensed  physicians with whom the licensee  shares a group practice, as defined in subdivision five of  section  two  hundred thirty-eight of this chapter;    (o)  the  identification  of  any  translating  services  that  may be  available at the licensee's primary practice location;    (p) whether the licensee participates  in  the  medicaid  or  medicare  program  or  any  other  state  or  federally  financed health insurance  program; and    (q)  health  care  plans  with  which  the  licensee  has   contracts,  employment, or other affiliation.    1-a.  Each physician licensed and registered to practice in this state  shall within one hundred twenty days  of  the  effective  date  of  this  subdivision   and   upon   entering  or  updating  his  or  her  profile  information:    (a) register and maintain an  account  with  the  department's  health  provider  network  and  any  successor  electronic system established to  facilitate communications between the  department  and  licensed  health  care providers; or    (b) provide an e-mail address to the department which shall be used by  the  department  to  communicate  with  the  physician.  Licensees shall  provide notice to the department  of  changed  e-mail  addresses  within  thirty   days   of  the  change.  Licensee  e-mail  addresses  shall  be  confidential and shall not  be  published  as  part  of  the  licensee's  profile. The e-mail addresses may be used for department purposes only.    2.  Nothing  in this section shall limit the department's authority to  collect,  require  reporting  of,  publish  or   otherwise   disseminate  information about licensees.    3.  Each  physician  who  is  self-insured  for  professional  medical  malpractice shall periodically report to the department on forms and  in  the  time  and  manner  required  by  the  commissioner  the information  specified in paragraph (f) of subdivision one of  this  section,  except  that  the physician shall report the dollar amount (to the extent of the  physician's  information  and  belief)  for  each  judgment,  award  and  settlement and not a level of significance or context.    4. Each physician shall periodically report to the department on forms  and  in  the  time  and  manner  required  by the commissioner any other  information as is required by the  department  for  the  development  of  profiles   under   this   section  which  is  not  otherwise  reasonably  obtainable. In addition to such periodic reports and providing the  same  information,  each physician shall update his or her profile information  within the six months prior to the expiration date of  such  physician's  registration  period,  as  a  condition  of  registration  renewal under  article one hundred thirty-one of the education law.    5. The department shall provide each licensee with a copy  of  his  or  her profile prior to dissemination to the public. In the manner and timerequired   by  the  commissioner,  a  licensee  shall  be  provided  the  opportunity to correct factual inaccuracies that appear in the  profile.  The  physician shall be permitted to file a concise statement concerning  information  contained  in  the  profile,  which  shall  be disseminated  therewith.    6. A physician may elect to have  his  or  her  profile  omit  certain  information  provided  pursuant  to  paragraphs (l), (m), (n) and (q) of  subdivision one of this section.  In  collecting  information  for  such  profiles  and  disseminating  the  same,  the  department  shall  inform  physicians that they may choose not to provide such information required  pursuant to paragraphs (l), (m), (n) and (q) of subdivision one of  this  section.    7.   A   physician   who   knowingly  provides  materially  inaccurate  information  under  this  section  shall  be  guilty   of   professional  misconduct   pursuant  to  section  sixty-five  hundred  thirty  of  the  education law.    8. The department shall establish a toll-free telephone number through  which it shall answer inquiries about and accept orders  for  hard  copy  physician  profiles  established  pursuant  to  this  section and accept  consumer  complaints  about  suspected  professional   misconduct.   The  department  may  charge  a  nominal fee for producing and mailing a hard  copy physician profile.    9. The department shall, in addition to hard copy physician  profiles,  provide  for  electronic  access  to  and  copying of physician profiles  developed pursuant to this section through the system commonly known  as  the Internet.    10. The commissioner shall require that:    (a)  Practitioner  organizations that are representative of the target  group for profiling, and health care consumer organizations, be provided  the opportunity to review and  comment  on  the  profiling  methodology,  including  collection  methods,  analysis,  formatting,  and methods and  means for release and dissemination.    (b) Comparisons of practitioner profiles shall be organized  according  to practitioner areas of practice.    11.  The commissioner shall evaluate the utility and practicability of  including in the profile a comparison of malpractice data by  geographic  area.  However,  the  implementation of the profile shall not be delayed  pending such evaluation.    12. The commissioner shall develop and distribute  a  notice  suitable  for  posting  that  informs  consumers  of the availability of physician  profiles and the telephone numbers and Internet addresses for  accessing  them.    13.   Further   study   of   physician  profiles.  After  the  initial  dissemination of the data identified in subdivision one of this section,  the department shall conduct a further study of  physician  profiles  as  follows:    (a) Data sources. The department shall identify the types of physician  data to which the public has access, including all information available  from  federal,  state  or  local  agencies  which  is  useful for making  determinations  concerning  health  care  quality  determinations.   The  department  shall  study  all  physician data reporting requirements and  develop recommendations to consolidate  data  collection  and  eliminate  duplicate  and  unnecessary  reporting  requirements,  or  to supplement  existing reporting requirements in order to satisfy the requirements  of  this section.    (b)  Supplemental  information adjustment and security safeguards. The  department shall develop a  methodology  for  application  to  collected  physician data that accounts for factors such as frequency, severity andgeographic area which shall be used to provide context to reported data.  Any  such  methodology  shall  not  diminish  the  information  reported  pursuant  to  subdivision  one  of  this  section.  In  developing  such  methodology,  the  department  may  consult  with  physicians, including  representatives of appropriate specialty societies. The  department  may  also  consult  with  organizations  representing consumers, other health  care providers, and  health  care  plans.  Any  such  methodology  shall  include  adequate  and  appropriate  safeguards  to ensure the security,  accuracy  and  integrity  of  health  information   created,   received,  maintained,  used or transmitted in connection with the statewide health  information system. Such safeguards shall  be  sufficient  to  meet  any  minimum standards set by state and federal laws and regulations.    (c)  Public  review.  The department shall provide organizations which  are representative of consumers, physicians,  including  representatives  of  appropriate  specialty  societies,  other  health care providers and  health  care  plans  the  opportunity  to  review  and  comment  on  its  determinations  and  recommendations. The department shall consider such  comments, and  may  amend  its  determinations  and  recommendations  to  reflect them.    (d)   Report.   The   department   shall   provide  a  report  of  its  determinations and recommendations to the governor and legislature,  and  make  such report publicly available, within six months of the effective  date of this section.    (e)  Application.  The  department   shall   thereafter   apply   such  methodology to the data to be disseminated in physician profiles.    14.  The  physician  data  so disseminated shall be updated at regular  intervals to be determined by the department.    15. All  physician  data  disseminated  shall  include  the  following  statement: "THE DATA COLLECTED BY THE DEPARTMENT IS ACCURATE TO THE BEST  OF THE KNOWLEDGE OF THE DEPARTMENT, BASED ON THE INFORMATION SUPPLIED BY  THE PHYSICIAN WHO IS THE SUBJECT OF THE DATA."    16.  If, after initial dissemination of the physician data required by  this section, the department determines that any such data is not useful  for making quality determinations, the department shall recommend to the  legislature the necessary statutory changes.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Pbh > Article-29-d > Title-1 > 2995-a

§  2995-a.  Physician  profiles.  1.  The department shall collect the  following  information  and  create  individual  profiles  on  licensees  subject  to the authority of the office of professional medical conduct,  in a format that shall be available for dissemination to the public:    (a) a statement of any criminal convictions  (as  defined  by  section  1.20  of  the  criminal procedure law) within the most recent ten years,  under the laws of New York state or any other jurisdiction, for offenses  specified by regulations of the department;    (b) a statement of any action  (other  than  an  action  that  remains  confidential) taken against the licensee pursuant to section two hundred  thirty of this chapter or any similar action taken by any other state or  licensing entity, within the most recent ten years;    (c)  a  statement  of  any  current  limitation  of  the licensee to a  specified area, type, scope or condition of practice;    (d) a statement of any loss or  involuntary  restriction  of  hospital  privileges  or  a  failure to renew professional privileges at hospitals  within the last ten years, for reasons related to the quality of patient  care delivered or to be delivered by the physician where procedural  due  process has been afforded, exhausted, or waived, or the resignation from  or removal of medical staff membership or restriction of privileges at a  hospital  taken  in  lieu  of a pending disciplinary case related to the  quality of patient care delivered or to be delivered  by  the  physician  (notwithstanding   paragraph   (a)   of  subdivision  three  of  section  twenty-eight hundred three-e of this chapter, as added by chapter  eight  hundred sixty-six of the laws of nineteen hundred eighty);    (e) (i) a statement indicating the number of medical malpractice court  judgments  and  arbitration  awards  within the most recent ten years in  which a payment is  awarded  to  a  complaining  party  (notwithstanding  subsection  (f)  of section three hundred fifteen of the insurance law);  and    (ii) a statement indicating all  malpractice  settlements  within  the  most recent ten years in which payment is awarded to a complaining party  (notwithstanding  subsection (f) of section three hundred fifteen of the  insurance law),    (A) if the total number of settlements exceeds two; or    (B) if the  commissioner  determines  any  such  settlement  could  be  relevant  to  patient decisionmaking concerning health care quality. The  statement shall include the following: "Settlement payments will  appear  in  this profile only if the total number of settlements made within the  past ten years exceeds two, or if the commissioner of health  determines  a  settlement  to be relevant to patient decisionmaking. Settlement of a  claim may occur for a variety  of  reasons,  which  do  not  necessarily  reflect  negatively  on  the  professional  competence or conduct of the  physician. A payment in settlement of a medical  malpractice  action  or  claim   does  not  necessarily  mean  that  a  medical  malpractice  has  occurred." The commissioner may supplement  such  statement  as  may  be  appropriate.    (iii) judgments, awards and settlements shall be reported in graduated  categories  indicating  the level of significance, date and place of the  judgment,  award   or   settlement.   Information   concerning   medical  malpractice judgments, awards and settlements shall be put in context by  comparing  an  individual  licensee's medical malpractice settlements to  the experience of other physicians in New York  state  within  the  same  board  specialty.  Pending  malpractice claims shall not be disclosed to  the public under this section. Nothing  herein  shall  be  construed  to  prevent  the  board from investigating or disciplining a licensee on the  basis of medical malpractice claims that are pending;    (f) name of medical schools attended and date of graduations;(g) graduate medical education;    (h) current speciality board certification and date of certification;    (i) dates admitted to practice in New York state;    (j) names of hospitals where the licensee has practice privileges;    (k)  appointments  to  medical  school  faculties and indication as to  whether a  licensee  has  had  a  responsibility  for  graduate  medical  education within the most recent ten years;    (l)  information  regarding  publications  in  peer  reviewed  medical  literature within the most recent ten years;    (m) information regarding professional or community service activities  or awards;    (n) (i) the  location  of  the  licensee's  primary  practice  setting  identified as such; and    (ii)  the  names  of  any  licensed  physicians with whom the licensee  shares a group practice, as defined in subdivision five of  section  two  hundred thirty-eight of this chapter;    (o)  the  identification  of  any  translating  services  that  may be  available at the licensee's primary practice location;    (p) whether the licensee participates  in  the  medicaid  or  medicare  program  or  any  other  state  or  federally  financed health insurance  program; and    (q)  health  care  plans  with  which  the  licensee  has   contracts,  employment, or other affiliation.    1-a.  Each physician licensed and registered to practice in this state  shall within one hundred twenty days  of  the  effective  date  of  this  subdivision   and   upon   entering  or  updating  his  or  her  profile  information:    (a) register and maintain an  account  with  the  department's  health  provider  network  and  any  successor  electronic system established to  facilitate communications between the  department  and  licensed  health  care providers; or    (b) provide an e-mail address to the department which shall be used by  the  department  to  communicate  with  the  physician.  Licensees shall  provide notice to the department  of  changed  e-mail  addresses  within  thirty   days   of  the  change.  Licensee  e-mail  addresses  shall  be  confidential and shall not  be  published  as  part  of  the  licensee's  profile. The e-mail addresses may be used for department purposes only.    2.  Nothing  in this section shall limit the department's authority to  collect,  require  reporting  of,  publish  or   otherwise   disseminate  information about licensees.    3.  Each  physician  who  is  self-insured  for  professional  medical  malpractice shall periodically report to the department on forms and  in  the  time  and  manner  required  by  the  commissioner  the information  specified in paragraph (f) of subdivision one of  this  section,  except  that  the physician shall report the dollar amount (to the extent of the  physician's  information  and  belief)  for  each  judgment,  award  and  settlement and not a level of significance or context.    4. Each physician shall periodically report to the department on forms  and  in  the  time  and  manner  required  by the commissioner any other  information as is required by the  department  for  the  development  of  profiles   under   this   section  which  is  not  otherwise  reasonably  obtainable. In addition to such periodic reports and providing the  same  information,  each physician shall update his or her profile information  within the six months prior to the expiration date of  such  physician's  registration  period,  as  a  condition  of  registration  renewal under  article one hundred thirty-one of the education law.    5. The department shall provide each licensee with a copy  of  his  or  her profile prior to dissemination to the public. In the manner and timerequired   by  the  commissioner,  a  licensee  shall  be  provided  the  opportunity to correct factual inaccuracies that appear in the  profile.  The  physician shall be permitted to file a concise statement concerning  information  contained  in  the  profile,  which  shall  be disseminated  therewith.    6. A physician may elect to have  his  or  her  profile  omit  certain  information  provided  pursuant  to  paragraphs (l), (m), (n) and (q) of  subdivision one of this section.  In  collecting  information  for  such  profiles  and  disseminating  the  same,  the  department  shall  inform  physicians that they may choose not to provide such information required  pursuant to paragraphs (l), (m), (n) and (q) of subdivision one of  this  section.    7.   A   physician   who   knowingly  provides  materially  inaccurate  information  under  this  section  shall  be  guilty   of   professional  misconduct   pursuant  to  section  sixty-five  hundred  thirty  of  the  education law.    8. The department shall establish a toll-free telephone number through  which it shall answer inquiries about and accept orders  for  hard  copy  physician  profiles  established  pursuant  to  this  section and accept  consumer  complaints  about  suspected  professional   misconduct.   The  department  may  charge  a  nominal fee for producing and mailing a hard  copy physician profile.    9. The department shall, in addition to hard copy physician  profiles,  provide  for  electronic  access  to  and  copying of physician profiles  developed pursuant to this section through the system commonly known  as  the Internet.    10. The commissioner shall require that:    (a)  Practitioner  organizations that are representative of the target  group for profiling, and health care consumer organizations, be provided  the opportunity to review and  comment  on  the  profiling  methodology,  including  collection  methods,  analysis,  formatting,  and methods and  means for release and dissemination.    (b) Comparisons of practitioner profiles shall be organized  according  to practitioner areas of practice.    11.  The commissioner shall evaluate the utility and practicability of  including in the profile a comparison of malpractice data by  geographic  area.  However,  the  implementation of the profile shall not be delayed  pending such evaluation.    12. The commissioner shall develop and distribute  a  notice  suitable  for  posting  that  informs  consumers  of the availability of physician  profiles and the telephone numbers and Internet addresses for  accessing  them.    13.   Further   study   of   physician  profiles.  After  the  initial  dissemination of the data identified in subdivision one of this section,  the department shall conduct a further study of  physician  profiles  as  follows:    (a) Data sources. The department shall identify the types of physician  data to which the public has access, including all information available  from  federal,  state  or  local  agencies  which  is  useful for making  determinations  concerning  health  care  quality  determinations.   The  department  shall  study  all  physician data reporting requirements and  develop recommendations to consolidate  data  collection  and  eliminate  duplicate  and  unnecessary  reporting  requirements,  or  to supplement  existing reporting requirements in order to satisfy the requirements  of  this section.    (b)  Supplemental  information adjustment and security safeguards. The  department shall develop a  methodology  for  application  to  collected  physician data that accounts for factors such as frequency, severity andgeographic area which shall be used to provide context to reported data.  Any  such  methodology  shall  not  diminish  the  information  reported  pursuant  to  subdivision  one  of  this  section.  In  developing  such  methodology,  the  department  may  consult  with  physicians, including  representatives of appropriate specialty societies. The  department  may  also  consult  with  organizations  representing consumers, other health  care providers, and  health  care  plans.  Any  such  methodology  shall  include  adequate  and  appropriate  safeguards  to ensure the security,  accuracy  and  integrity  of  health  information   created,   received,  maintained,  used or transmitted in connection with the statewide health  information system. Such safeguards shall  be  sufficient  to  meet  any  minimum standards set by state and federal laws and regulations.    (c)  Public  review.  The department shall provide organizations which  are representative of consumers, physicians,  including  representatives  of  appropriate  specialty  societies,  other  health care providers and  health  care  plans  the  opportunity  to  review  and  comment  on  its  determinations  and  recommendations. The department shall consider such  comments, and  may  amend  its  determinations  and  recommendations  to  reflect them.    (d)   Report.   The   department   shall   provide  a  report  of  its  determinations and recommendations to the governor and legislature,  and  make  such report publicly available, within six months of the effective  date of this section.    (e)  Application.  The  department   shall   thereafter   apply   such  methodology to the data to be disseminated in physician profiles.    14.  The  physician  data  so disseminated shall be updated at regular  intervals to be determined by the department.    15. All  physician  data  disseminated  shall  include  the  following  statement: "THE DATA COLLECTED BY THE DEPARTMENT IS ACCURATE TO THE BEST  OF THE KNOWLEDGE OF THE DEPARTMENT, BASED ON THE INFORMATION SUPPLIED BY  THE PHYSICIAN WHO IS THE SUBJECT OF THE DATA."    16.  If, after initial dissemination of the physician data required by  this section, the department determines that any such data is not useful  for making quality determinations, the department shall recommend to the  legislature the necessary statutory changes.