Pursuant to Education Law § 6527(3), certain documents generated in connection with the "performance of a medical or a quality assurance review function," or which are "required by the Department of Health pursuant to Public Health Law § 2805-l," are not discoverable. The party seeking to invoke the privilege must demonstrate that the documents sought were prepared in accordance with the relevant statutes. It is not enough merely to assert that the documents are privileged. In the absence of a showing as to why the privilege attaches, the documents are subject to disclosure.
DeLeon v. Nassau Health Care Corp., NY Slip Op 08989 (2d Dep't December 18, 2019)
Here is the decision.
