assembly Bill A1404

2017-2018 Legislative Session

Enacts the "patient privacy protection act"

download bill text pdf

Sponsored By

Archive: Last Bill Status - Stricken


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

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Actions

view actions (6)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 09, 2018 enacting clause stricken
committed to codes
Jan 03, 2018 ordered to third reading cal.104
May 25, 2017 advanced to third reading cal.487
May 23, 2017 reported
Jan 12, 2017 referred to codes

Co-Sponsors

Multi-Sponsors

A1404 (ACTIVE) - Details

See Senate Version of this Bill:
S243
Current Committee:
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd §3102, CPLR
Versions Introduced in Other Legislative Sessions:
2009-2010: A1254, S1514
2011-2012: A694, S3296
2013-2014: A2365, S1046
2015-2016: A242, S287
2019-2020: A2370, S6194
2021-2022: A1490
2023-2024: A913

A1404 (ACTIVE) - Summary

Enacts the "patient privacy protection 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.

A1404 (ACTIVE) - Bill Text download pdf


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

                                  1404

                       2017-2018 Regular Sessions

                          I N  A S S E M B L Y

                            January 12, 2017
                               ___________

Introduced by M. of A. WEINSTEIN, ABINANTI, COLTON -- Multi-Sponsored by
  --  M.  of  A.    CAHILL,  GOTTFRIED  -- 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".
  §  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.
  § 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.
                                                           LBD02829-01-7