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Assembly Bill A9030

2017-2018 Legislative Session

Enacts the "patient privacy protection act"

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Archive: Last Bill Status - On Floor Calendar

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2017-A9030 (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-A9030 (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-A9030 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9030
 
                           I N  A S S E M B L Y
 
                             January 12, 2018
                                ___________
 
 Introduced by M. of A. DINOWITZ -- read once and referred to the Commit-
   tee on Judiciary
 
 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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