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Assembly Bill A1404

2017-2018 Legislative Session

Enacts the "patient privacy protection act"

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Archive: Last Bill Status - Stricken

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2017-A1404 (ACTIVE) - Details

See Senate Version of this Bill:
S243
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
2025-2026: A1215

2017-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.

2017-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

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