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Assembly Bill A2365

2013-2014 Legislative Session

Enacts the "patient privacy protection act"

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Archive: Last Bill Status - On Floor Calendar

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2013-A2365 (ACTIVE) - Details

See Senate Version of this Bill:
S1046
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd ยง3102, CPLR
Versions Introduced in Other Legislative Sessions:
2009-2010: A1254, S1514
2011-2012: A694, S3296
2015-2016: A242, S287
2017-2018: A1404, A9030, S243
2019-2020: A2370, S6194
2021-2022: A1490
2023-2024: A913
2025-2026: A1215

2013-A2365 (ACTIVE) - Summary

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

2013-A2365 (ACTIVE) - Bill Text download pdf 

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

                                  2365

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            January 14, 2013
                               ___________

Introduced  by  M. of A. WEINSTEIN, ABINANTI -- Multi-Sponsored by -- M.
  of A. KELLNER -- read once and referred 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 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.
                                                           LBD03820-01-3

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