senate Bill S5373

2011-2012 Legislative Session

Enacts the "adversarial medical examination procedure act"

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee


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

do you support this legislation?

You must fill out the form below in order to support or oppose this bill. X

You must login or fill out the fields below for the senator to have an accurate account of the support or opposition to this bill.

More information?
Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.
Use this box to enter a message to your senator.

Actions

view actions (6)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 04, 2012 referred to judiciary
Jun 24, 2011 committed to rules
Jun 14, 2011 advanced to third reading
Jun 13, 2011 2nd report cal.
Jun 07, 2011 1st report cal.1081
May 13, 2011 referred to judiciary

Votes

view votes

Jun 7, 2011 - Judiciary committee Vote

S5373
16
0
committee
16
Aye
0
Nay
7
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Judiciary committee vote details

Co-Sponsors

S5373 - Details

See Assembly Version of this Bill:
A673
Current Committee:
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd §3121, CPLR; amd §5102, Ins L; amd §§13-a, 13-b, 13-d, 13-k, 13-l, 13-m, 13-n & 137, Work Comp L; amd §50-h, Gen Muni L; amd §17-a, Ct Claims Act
Versions Introduced in 2009-2010 Legislative Session:
A10742A, S7874A

S5373 - Summary

Enacts the "adversarial medical examination procedure act"; authorizes adversarial medical examinations and limits any physician-patient relationship resulting from such a medical examination; provides that the person subject to the examination shall have the right to representation.

S5373 - Sponsor Memo

S5373 - Bill Text download pdf

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

                                  5373

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              May 13, 2011
                               ___________

Introduced  by  Sen.  DeFRANCISCO -- read twice and ordered printed, and
  when printed to be committed to the Committee on Judiciary

AN ACT to amend the civil practice law and rules, the insurance law, the
  workers' compensation law, the general municipal law and the court  of
  claims  act, in relation to enacting the "adversarial medical examina-
  tion procedure 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 "adversarial medical examination procedure act".
  S 2. The legislature hereby finds and declares that the conducting  of
physical  and  mental examinations in the course of civil litigation and
other civil proceedings has evolved in a manner  inconsistent  with  the
civil  practice  law  and  rules and fundamental notions of due process.
Indeed, a commonly used term  for  such  examinations,  an  "independent
medical  examination,"  is  itself  a  misnomer  because  the  physician
conducting such examination is not at all independent, but  is  in  fact
being  compensated  by  a party or insurer whose interests are typically
adverse to those of the party being  examined.  Further,  parties  being
examined  are  frequently required to provide written responses to ques-
tions outside the discovery process prescribed in the civil practice law
and rules or relevant claims process  and  without  the  opportunity  to
obtain advice of counsel, even though such written responses can and are
being  used  as admissions and/or to later impeach the examined party in
the course of such proceeding.  Accordingly, the name by which  such  an
examination  is  called  needs  to be changed to reflect the true adver-
sarial nature of such examination; the process for obtaining information
from the party to be examined which is necessary to the proper  conduct-
ing  of the examination needs to be brought within the carefully consid-
ered discovery process which already exists in the  civil  practice  law
and rules or claims process.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01389-02-1

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.