assembly Bill A9030

2017-2018 Legislative Session

Enacts the "patient privacy protection act"

download bill text pdf

Sponsored By

Archive: Last Bill Status - On Floor Calendar


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

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Actions

view actions (4)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Mar 01, 2018 advanced to third reading cal.702
Feb 27, 2018 reported
Feb 13, 2018 reported referred to codes
Jan 12, 2018 referred to judiciary

Co-Sponsors

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

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.

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