senate Bill S7534

2013-2014 Legislative Session

Relates to out of state hospital records produced pursuant to subpoena

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Archive: Last Bill Status - Passed Senate


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 18, 2014 referred to judiciary
delivered to assembly
passed senate
ordered to third reading cal.1497
committee discharged and committed to rules
May 15, 2014 referred to judiciary

Votes

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S7534 - Bill Details

See Assembly Version of this Bill:
A9858A
Current Committee:
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd R4518, CPLR

S7534 - Bill Texts

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Relates to out of state hospital records produced pursuant to subpoena.

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BILL NUMBER:S7534

TITLE OF BILL: An act to amend the civil practice law and rules, in
relation to out of state hospital records produced pursuant to
subpoena

PURPOSE:

Makes hospital records from a jurisdiction outside of New York State
admissible when there is a certification or authentication by the head
of the hospital, laboratory, department or bureau of a municipal
corporation or of the state, by an employee delegated for that
purpose, or a certification made in the manner determined by the laws
of the jurisdiction where the hospital record is located.

SUMMARY OF PROVISIONS:

Section 1: Amends subdivision (c) of rule 4518 of the civil practice
law and rules, as amended by chapter 170 of the laws of 1994, to
permit the admission of hospital records from outside of the
jurisdiction of New York State that are certified as provided for in
the laws of the jurisdiction where the hospital record is located.

Section 2: Effective date.

JUSTIFICATION:

This bill is being introduced to provide clarity and efficiency to the
introduction of hospital records in litigation. Under the current
law, hospital records are admissible in evidence as prima facie
evidence of the facts contained in the record when they bear a
certification or authentication as provided by New York State law.
Hospital records complying with this certification requirement do not
require a witness to be called in to verify authenticity of the
record. However, when hospital records are from outside of the
jurisdiction of this state, if they are not certified in the manner
provided under New York State law, a court may not accept the record
as prima facie evidence of the facts contained in the record, and
require that a witness be provided to verify the authenticity of the
record. Bringing in witnesses to verify such professional records
results in costly and time-consuming litigation, and often such
witnesses are unable to be obtained from out of state due to the
burdens of cost and distance. This legislation provides that when
hospital records are deemed properly certified under the laws of the
jurisdiction where the hospital record is located, such records are
admissible without requiring a witness to verify the facts within the
record.

LEGISLATIVE HISTORY:

New bill.

FISCAL IMPLICATIONS:

None to the state.

EFFECTIVE DATE:


This act shall take effect immediately.

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

                                  7534

                            I N  S E N A T E

                              May 15, 2014
                               ___________

Introduced  by  Sen. BONACIC -- 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, in relation to out  of
  state hospital records produced pursuant to subpoena

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

  Section 1. Subdivision (c) of rule 4518 of the civil practice law  and
rules, as amended by chapter 170 of the laws of 1994, is amended to read
as follows:
  (c)  Other records. All records, writings and other things referred to
in sections 2306 and 2307 are admissible in evidence under this rule and
are prima facie evidence of the facts contained, provided  they  bear  a
certification or authentication by the head of the hospital, laboratory,
department  or  bureau of a municipal corporation or of the state, or by
an employee delegated for that purpose  or  by  a  qualified  physician.
Where a hospital record is in the custody of a warehouse, or "warehouse-
man"  as  that  term  is  defined  by  paragraph  (h)  of  [subdivision]
SUBSECTION one of section 7-102 of the uniform commercial code, pursuant
to a plan approved in writing  by  the  state  commissioner  of  health,
admissibility  under  this  subdivision  may be established by a certif-
ication made by the manager of the warehouse that  sets  forth  (i)  the
authority  by  which  the record is held, including but not limited to a
court order, order of the commissioner, or order or  resolution  of  the
governing body or official of the hospital, and (ii) that the record has
been  in  the  exclusive custody of such warehouse or warehousemen since
its receipt from the hospital or, if another has had access to  it,  the
name  and  address  of such person and the date on which and the circum-
stances under which such access was had. Any  warehouseman  providing  a
certification  as  required  by this subdivision shall have no liability
for acts or omissions relating thereto, except for  intentional  miscon-
duct, and the warehouseman is authorized to assess and collect a reason-
able  charge  for providing the certification described by this subdivi-
sion. WHERE A HOSPITAL RECORD IS LOCATED IN A  JURISDICTION  OTHER  THAN
THIS  STATE,  ADMISSIBLY  UNDER  THIS  SUBDIVISION MAY BE ESTABLISHED BY

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15220-01-4

S. 7534                             2

EITHER A CERTIFICATION OR AUTHENTICATION BY THE HEAD  OF  THE  HOSPITAL,
LABORATORY,  DEPARTMENT  OR  BUREAU OF A MUNICIPAL CORPORATION OR OF THE
STATE, OR BY AN EMPLOYEE DELEGATED FOR THAT PURPOSE; OR A  CERTIFICATION
MADE  IN THE MANNER PROVIDED FOR IN THE LAWS OF THE JURISDICTION WHEREIN
THE HOSPITAL RECORD IS LOCATED. AN ENDORSEMENT IN THE  CERTIFICATION  TO
THAT  EFFECT  BY  THE CERTIFIER OF THE RECORD SHALL BE PRIMA FACIE PROOF
THAT CERTIFICATION HAS BEEN MADE IN THE MANNER PROVIDED FOR IN THE  LAWS
OF THE RELEVANT JURISDICTION. PROVIDED, HOWEVER, THAT CERTIFICATION OF A
HOSPITAL RECORD LOCATED IN A JURISDICTION OUTSIDE THE UNITED STATES, ITS
TERRITORIES  AND POSSESSIONS, MUST ALSO COMPLY WITH ALL OTHER APPLICABLE
PROVISIONS OF THE LAWS OF THIS STATE.
  S 2. This act shall take effect immediately.

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