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Assembly Bill A694A

2011-2012 Legislative Session

Enacts the "patient privacy protection act"

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Archive: Last Bill Status - On Floor Calendar

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Bill Amendments

2011-A694 - Details

See Senate Version of this Bill:
S3296
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd §3102, CPLR
Versions Introduced in Other Legislative Sessions:
2009-2010: A1254, S1514
2013-2014: A2365, S1046
2015-2016: A242, S287
2017-2018: A1404, A9030, S243
2019-2020: A2370, S6194
2021-2022: A1490
2023-2024: A913
2025-2026: A1215

2011-A694 - Summary

Enacts the "personal healthcare information privacy 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.

2011-A694 - Bill Text download pdf 

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

                                   694

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by M. of A. LANCMAN -- read once and referred to the Commit-
  tee on Codes

AN ACT to amend the civil practice law and rules, in relation to  enact-
  ing the "personal healthcare information privacy 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 "personal healthcare information privacy 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.
                                                           LBD02414-02-1

co-Sponsors

multi-Sponsors

2011-A694A (ACTIVE) - Details

See Senate Version of this Bill:
S3296
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd §3102, CPLR
Versions Introduced in Other Legislative Sessions:
2009-2010: A1254, S1514
2013-2014: A2365, S1046
2015-2016: A242, S287
2017-2018: A1404, A9030, S243
2019-2020: A2370, S6194
2021-2022: A1490
2023-2024: A913
2025-2026: A1215

2011-A694A (ACTIVE) - Summary

Enacts the "personal healthcare information privacy 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.

2011-A694A (ACTIVE) - Bill Text download pdf 

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

                                 694--A

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by M. of A. LANCMAN -- read once and referred to the Commit-
  tee on Codes -- 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.
                                                           LBD02414-06-1

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