Do you support this bill?

Assembly Bill A1758

2019-2020 Legislative Session

Relates to the disclosure of medical records in non-party medical malpractice actions

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly Committee

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

2019-A1758 (ACTIVE) - Details

Current Committee:
Assembly Judiciary
Law Section:
Civil Practice Law and Rules
Laws Affected:
Add §4549, CPLR
Versions Introduced in Other Legislative Sessions:
2017-2018: A6479
2021-2022: A1489
2023-2024: A234

2019-A1758 (ACTIVE) - Summary

Provides that in medical malpractice actions where the plaintiff is not the patient of the defendant and the alleged malpractice is the result of the defendant's treatment or care of a third party, the defendant may make a motion to the court to compel the non-party patient to waive the privilege; the court shall grant a waiver of the privilege in certain instances.

2019-A1758 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1758
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 17, 2019
                                ___________
 
 Introduced  by  M.  of  A.  MAGNARELLI  -- read once and referred to the
   Committee on Judiciary
 
 AN ACT to amend the civil practice law and rules,  in  relation  to  the
   disclosure  of  medical  records  in  third  party medical malpractice
   actions
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The civil practice law and rules is amended by adding a new
 section 4549 to read as follows:
   §  4549. DISCLOSURE OF MEDICAL RECORDS IN THIRD PARTY MEDICAL MALPRAC-
 TICE ACTION. 1. IN MEDICAL MALPRACTICE ACTIONS WHERE  THE  PLAINTIFF  IS
 NOT  THE  PATIENT  OF  THE  DEFENDANT AND THE ALLEGED MALPRACTICE IS THE
 RESULT OF THE DEFENDANT'S TREATMENT OR CARE OF A NON-PARTY, THE  DEFEND-
 ANT  MAY  MAKE  A  MOTION  TO THE COURT TO COMPEL THE NON-PARTY PATIENT,
 NOTWITHSTANDING ANY STATE OR FEDERAL PRIVACY LAWS TO  THE  CONTRARY,  TO
 WAIVE  THE  PRIVILEGE  IN  ORDER TO OBTAIN DISCLOSURE OF MEDICAL RECORDS
 RELEVANT TO THE LITIGATION OR PERMIT THE DEFENDANT TO TESTIFY ABOUT  HIS
 OR HER INTERACTIONS WITH THE NON-PARTY PATIENT.  THE COURT SHALL GRANT A
 WAIVER OF THE PRIVILEGE IF:
   (A)  THE  DEFENDANT  CAN SHOW THAT THE NON-PARTY PATIENT HAS FAILED TO
 WAIVE THE PRIVILEGE AFTER A GOOD FAITH EFFORT BY THE DEFENDANT WAS  MADE
 TO OBTAIN THE WAIVER; AND
   (B)  THE  RECORD OR TESTIMONY DEMONSTRATES THAT THE REQUESTED INFORMA-
 TION AND/OR RECORDS MAY PROVIDE A DEFENSE TO THE ACTION.
   2. IN THE INTEREST OF CONFIDENTIALITY, THE JUDGE MAY  ORDER  THAT  THE
 HEARING  BE  HELD IN CAMERA.   THE JUDGE MAY ALSO LIMIT THE SCOPE OF ANY
 DISCLOSURE ORDER TO ONLY MEDICAL INFORMATION THAT  IS  RELEVANT  TO  THE
 PENDING ACTION.
   §  2.  This  act shall take effect on the ninetieth day after it shall
 have become a law.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00196-01-9

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.