senate Bill S3296A

2011-2012 Legislative Session

Enacts the "patient privacy protection act"

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Rules Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (13)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 21, 2012 committed to rules
Mar 06, 2012 advanced to third reading
Mar 05, 2012 2nd report cal.
Mar 01, 2012 1st report cal.263
Jan 04, 2012 referred to judiciary
Jun 24, 2011 committed to rules
May 23, 2011 advanced to third reading
May 18, 2011 2nd report cal.
May 17, 2011 1st report cal.739
Apr 15, 2011 print number 3296a
Apr 15, 2011 amend and recommit to judiciary
Mar 08, 2011 committee discharged and committed to judiciary
Feb 15, 2011 referred to codes

Votes

view votes

Mar 1, 2012 - Judiciary committee Vote

S3296A
12
2
committee
12
Aye
2
Nay
9
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Judiciary committee vote details

May 17, 2011 - Judiciary committee Vote

S3296A
14
5
committee
14
Aye
5
Nay
4
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Judiciary committee vote details

Co-Sponsors

S3296 - Details

See Assembly Version of this Bill:
A694
Current Committee:
Senate Rules
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd §3102, CPLR
Versions Introduced in Other Legislative Sessions:
2009-2010: S1514, A1254
2013-2014: S1046, A2365
2015-2016: S287, A242
2017-2018: S243, A1404, A9030
2019-2020: S6194, A2370
2021-2022: A1490

S3296 - Summary

Enacts the "patient privacy protection act"; prohibits interviews of other party's treating physicians or health care providers in personal injury, medical, dental, or podiatric malpractice or wrongful death actions.

S3296 - Sponsor Memo

S3296 - Bill Text download pdf

                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3296

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            February 15, 2011
                               ___________

Introduced  by  Sens. DeFRANCISCO, RANZENHOFER -- 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  enact-
  ing the "patient privacy protection act"

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Short title.  This act shall be known and may be  cited  as
the "patient privacy protection act".
  S  2.   Section 3102 of the civil practice law and rules is amended by
adding a new subdivision (c-1) to read as follows:
  (C-1) EX-PARTE INTERVIEWS. IN ANY ACTION  INVOLVING  PERSONAL  INJURY,
MEDICAL, DENTAL, OR PODIATRIC MALPRACTICE OR WRONGFUL DEATH, NO PARTY OR
ANYONE  ACTING  ON  BEHALF  OF A PARTY MAY EITHER DIRECTLY OR INDIRECTLY
CONDUCT EX-PARTE INTERVIEWS WITH THE TREATING PHYSICIANS OR OTHER HEALTH
CARE PROVIDERS OF ANY OTHER PARTY.   NOTHING IN THIS  SUBDIVISION  SHALL
PROHIBIT AN ATTORNEY OR THE AGENT OR EMPLOYEE OF AN ATTORNEY WHO REPRES-
ENTS  THE  PATIENT,  THE  ESTATE  OF THE PATIENT, OR THE NATURAL OR DULY
APPOINTED GUARDIAN OF THE PATIENT WHOSE CONDITION IS  AT  ISSUE  IN  THE
ACTION  FROM CONDUCTING EX-PARTE CONVERSATIONS WITH A TREATING PHYSICIAN
OR OTHER HEALTH CARE PROVIDER OF THE PATIENT.
  S 3. This act shall take effect immediately and  shall  apply  to  all
actions involving personal injury, medical, dental or podiatric malprac-
tice  or  wrongful  death  that are currently pending or are filed on or
after such date.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02414-04-1

Co-Sponsors

S3296A (ACTIVE) - Details

See Assembly Version of this Bill:
A694
Current Committee:
Senate Rules
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd §3102, CPLR
Versions Introduced in Other Legislative Sessions:
2009-2010: S1514, A1254
2013-2014: S1046, A2365
2015-2016: S287, A242
2017-2018: S243, A1404, A9030
2019-2020: S6194, A2370
2021-2022: A1490

S3296A (ACTIVE) - Summary

Enacts the "patient privacy protection act"; prohibits interviews of other party's treating physicians or health care providers in personal injury, medical, dental, or podiatric malpractice or wrongful death actions.

S3296A (ACTIVE) - Sponsor Memo

S3296A (ACTIVE) - Bill Text download pdf

                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 3296--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            February 15, 2011
                               ___________

Introduced  by  Sens. DeFRANCISCO, RANZENHOFER -- read twice and ordered
  printed, and when printed to be committed to the Committee on Codes --
  committee discharged and said bill committed to the Committee on Judi-
  ciary -- committee discharged,  bill  amended,  ordered  reprinted  as
  amended and recommitted to said committee

AN  ACT to amend the civil practice law and rules, in relation to enact-
  ing the "patient privacy protection act"

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Short title.  This act shall be known and may be cited as
the "patient privacy protection act".
  S 2.  Section 3102 of the civil practice law and rules is  amended  by
adding a new subdivision (c-1) to read as follows:
  (C-1)  EX-PARTE  INTERVIEWS.  IN ANY ACTION INVOLVING PERSONAL INJURY,
MEDICAL, DENTAL, OR PODIATRIC MALPRACTICE OR WRONGFUL DEATH, NO PARTY OR
ANYONE ACTING ON BEHALF OF A PARTY MAY  EITHER  DIRECTLY  OR  INDIRECTLY
CONDUCT EX-PARTE INTERVIEWS WITH THE TREATING PHYSICIANS OR OTHER HEALTH
CARE  PROVIDERS  OF  ANY OTHER PARTY.  NOTHING IN THIS SUBDIVISION SHALL
PROHIBIT AN ATTORNEY OR THE AGENT OR EMPLOYEE OF AN ATTORNEY WHO REPRES-
ENTS THE PATIENT, THE ESTATE OF THE PATIENT,  OR  THE  NATURAL  OR  DULY
APPOINTED  GUARDIAN  OF  THE  PATIENT WHOSE CONDITION IS AT ISSUE IN THE
ACTION FROM CONDUCTING EX-PARTE CONVERSATIONS WITH A TREATING  PHYSICIAN
OR OTHER HEALTH CARE PROVIDER OF THE PATIENT.
  S  3.  This  act shall take effect on the thirtieth day after it shall
have become a law and shall apply  to  all  actions  involving  personal
injury,  medical,  dental  or  podiatric  malpractice, or wrongful death
filed on and after such date and to all such  actions  pending  on  such
effective  date  except  as to conduct prohibited by section two of this
act which occurred prior to such effective date.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02414-05-1

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