|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jan 04, 2012||referred to judiciary|
|Mar 08, 2011||committee discharged and committed to judiciary|
|Jan 25, 2011||referred to codes|
senate Bill S2531
Archive: Last Bill Status -
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S2531 - Details
S2531 - Summary
Establishes a penalty of not less than $1,000 for each intentional destruction, mutilation or significant alteration of a medical record by a party to a medical malpractice action, or by any officer, director, member, employee or agent of such party; also establishes a cause of action on behalf of any person injured as the result of such destruction, mutilation or significant alteration.
S2531 - Sponsor Memo
BILL NUMBER:S2531 TITLE OF BILL: An act to amend the civil practice law and rules, in relation to establishing a penalty and cause of action for the intentional destruction, mutilation or significant alteration of certain medical records PURPOSE OR GENERAL IDEA OF THE BILL: To deter fraud by providing that any party, or person who at the time that an action for medical malpractice is commenced is an officer, director, member, employee or agent of a party or otherwise under the party's control, who intentionally destroys, mutilates or significantly alters any medical records shall be subject to a civil penalty of not less than $1,000 for each violation. To provide an individual who is injured as a result of the destruction, mutilation or alteration the ability to bring an action and hold the responsible parties accountable. SUMMARY OF SPECIFIC PROVISIONS: Adds a new undesignated paragraph to section 3126 of the civil practice law and rules stating that any party, or person who is an officer, director, member, employee or agent of a party, or otherwise under the parties' control at the time that an action for medical malpractice is commenced, who intentionally destroys, mutilates or significantly alters any
S2531 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 2531 2011-2012 Regular Sessions I N S E N A T E January 25, 2011 ___________ Introduced by Sen. GIANARIS -- read twice and ordered printed, and when printed to be committed to the Committee on Codes AN ACT to amend the civil practice law and rules, in relation to estab- lishing a penalty and cause of action for the intentional destruction, mutilation or significant alteration of certain medical records THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 3126 of the civil practice law and rules, as amended by chapter 98 of the laws of 1993, is amended to read as follows: S 3126. Penalties for refusal to comply with order or to disclose. (A) If any party, or a person who at the time a deposition is taken or an examination or inspection is made is an officer, director, member, employee or agent of a party or otherwise under a party's control, refuses to obey an order for disclosure or wilfully fails to disclose information which the court finds ought to have been disclosed pursuant to this article, the court may make such orders with regard to the fail- ure or refusal as are just, among them: 1. an order that the issues to which the information is relevant shall be deemed resolved for purposes of the action in accordance with the claims of the party obtaining the order; or 2. an order prohibiting the disobedient party from supporting or opposing designated claims or defenses, from producing in evidence designated things or items of testimony, or from introducing any evidence of the physical, mental or blood condition sought to be deter- mined, or from using certain witnesses; or 3. an order striking out pleadings or parts thereof, or staying further proceedings until the order is obeyed, or dismissing the action or any part thereof, or rendering a judgment by default against the disobedient party. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD05798-01-1
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