NY State Senate Bill 2019-S4759A

Archive: Last Bill Status - In Assembly Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jul 21, 2020	referred to judiciary delivered to assembly passed senate
Feb 27, 2020	advanced to third reading
Feb 26, 2020	2nd report cal.
Feb 25, 2020	1st report cal.455
Feb 19, 2020	print number 4759c
Feb 19, 2020	amend and recommit to judiciary
Jan 10, 2020	print number 4759b
Jan 10, 2020	amend and recommit to judiciary
Jan 08, 2020	referred to judiciary returned to senate died in assembly
Jun 14, 2019	referred to judiciary delivered to assembly passed senate
Jun 04, 2019	advanced to third reading
Jun 03, 2019	2nd report cal.
May 30, 2019	1st report cal.1065
Mar 28, 2019	print number 4759a
Mar 28, 2019	amend and recommit to judiciary
Mar 25, 2019	referred to judiciary

Votes

- Jul 21, 2020 - Floor Vote
  S4759A
  
  50
  
  Aye
  
  10
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jul 21, 2020
      
      aye (50)
      
      Addabbo Jr.
      
      Akshar
      
      Amedore
      
      Bailey
      
      Benjamin
      
      Biaggi
      
      Boyle
      
      Breslin
      
      Brooks
      
      Carlucci
      
      Comrie
      
      Felder
      
      Funke
      
      Gaughran
      
      Gianaris
      
      Gounardes
      
      Harckham
      
      Hoylman-Sigal
      
      Jackson
      
      Kaminsky
      
      Kaplan
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      LaValle
      
      Lanza
      
      Little
      
      Liu
      
      Martinez
      
      May
      
      Mayer
      
      Metzger
      
      Montgomery
      
      Myrie
      
      Parker
      
      Persaud
      
      Ramos
      
      Ritchie
      
      Rivera
      
      Robach
      
      Salazar
      
      Sanders Jr.
      
      Savino
      
      Sepúlveda
      
      Serrano
      
      Seward
      
      Skoufis
      
      Stavisky
      
      Stewart-Cousins
      
      Thomas
      
      nay (10)
      
      Borrello
      
      Gallivan
      
      Griffo
      
      Helming
      
      Jordan
      
      O'Mara
      
      Ortt
      
      Ranzenhofer
      
      Serino
      
      Tedisco
  Jun 14, 2019 - Floor Vote
  S4759A
  
  51
  
  Aye
  
  11
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 14, 2019
      
      aye (51)
      
      Addabbo Jr.
      
      Akshar
      
      Amedore
      
      Antonacci
      
      Bailey
      
      Benjamin
      
      Biaggi
      
      Boyle
      
      Breslin
      
      Brooks
      
      Carlucci
      
      Comrie
      
      Felder
      
      Funke
      
      Gaughran
      
      Gianaris
      
      Gounardes
      
      Harckham
      
      Hoylman-Sigal
      
      Jackson
      
      Kaminsky
      
      Kaplan
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      LaValle
      
      Lanza
      
      Little
      
      Liu
      
      Martinez
      
      May
      
      Mayer
      
      Metzger
      
      Montgomery
      
      Myrie
      
      Parker
      
      Persaud
      
      Ramos
      
      Ritchie
      
      Rivera
      
      Robach
      
      Salazar
      
      Sanders Jr.
      
      Savino
      
      Sepúlveda
      
      Serino
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stewart-Cousins
      
      Thomas
      
      nay (11)
      
      Flanagan
      
      Gallivan
      
      Griffo
      
      Helming
      
      Jacobs
      
      Jordan
      
      O'Mara
      
      Ortt
      
      Ranzenhofer
      
      Seward
      
      Tedisco
  Feb 25, 2020 - Judiciary Committee Vote
  S4759A
  
  11
  
  Aye
  
  2
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Judiciary Committee Vote: Feb 25, 2020
      
      aye (11)
      
      Bailey
      
      Breslin
      
      Gounardes
      
      Hoylman-Sigal
      
      Kaplan
      
      LaValle
      
      Lanza
      
      Myrie
      
      Savino
      
      Stavisky
      
      Thomas
      
      nay (2)
      
      O'Mara
      
      Ranzenhofer
      
      aye wr (1)
      
      Sepúlveda
      
      excused (1)
      
      Boyle
  May 30, 2019 - Judiciary Committee Vote
  S4759A
  
  11
  
  Aye
  
  1
  
  Nay
  
  2
  
  Aye with Reservations
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Judiciary Committee Vote: May 30, 2019
      
      aye (11)
      
      Bailey
      
      Boyle
      
      Breslin
      
      Gounardes
      
      Hoylman-Sigal
      
      Kaplan
      
      Myrie
      
      Savino
      
      Sepúlveda
      
      Stavisky
      
      Thomas
      
      nay (1)
      
      O'Mara
      
      aye wr (2)
      
      Lanza
      
      Ranzenhofer
      
      excused (1)
      
      LaValle

Bill Amendments

Original

C (Active)

2019-S4759 - Details

See Assembly Version of this Bill:: A7885
Current Committee:: Assembly Judiciary
Law Section:: Civil Practice Law and Rules
Laws Affected:: Amd R3122 & §4504, CPLR
Versions Introduced in 2021-2022 Legislative Session:: S436, A2333

2019-S4759 - Summary

Permits a grand jury to inspect medical records pursuant to subpoena duces tecum powers and requires the disclosure of information when a crime is committed against a patient.

2019-S4759 - Sponsor Memo

                                
 
BILL NUMBER: S4759

SPONSOR: KAMINSKY
 
TITLE OF BILL:  An act to amend the civil practice law and rules, in
relation to permitting grand jury inspection of medical records pursuant
to subpoena duces tecum powers

 
PURPOSE:

This legislation would amend the Civil Practice Law and Rules to permit
grand jury inspection of medical records pursuant to subpoena duces
tecum powers.

 
SUMMARY OF PROVISIONS:

Section 1: Amends Rule 3122(2)(a) of the CPLR to include a subpoena
issued by a grand jury

Section 2: Adds a new subdivision to CPLR Section 4504 to provide that a
physician, dentist, podiatrist, chiropractor, nurse, and other entities
must disclose information in response to a trial subpoena or a subpoena

issued by a grand jury.

Section 3: Severability clause

Section 4: Effective Date

 
JUSTIFICATION:

In 2011, the Office of Court Administration's Advisory Committee on
Civil Practice drafted legislation to clarify that trial subpoenas were
able to pierce the physician-patient privilege. The legislation was
drafted in response to a court ruling that became widely followed and
limited the authority of the court to order production of medical
records pursuant to a trial subpoena without the patient's signed
authorization. However, when the legislation was drafted, it did not
extend the same privilege to grand jury subpoenas.

This bill extends the privilege and therefore allows the physician-pa-
tient privilege to be pierced by subpoenas issued by a grand jury.
Allowing access to medical records from a grand jury subpoena is espe-
cially important in family violence and vehicular crimes cases, as a
grand jury decides whether there is enough evidence for a trial. This
legislation will ensure that access and address concerns of medical
providers that they are not violating the Health Insurance Portability
and Accountability Act.

 
LEGISLATIVE HISTORY:

New Legislation.

 
FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
This act shall take effect on the 1st of November next succeeding the
date on which it becomes law.

2019-S4759 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4759
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                              March 25, 2019
                                ___________
 
 Introduced  by Sen. KAMINSKY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Judiciary
 
 AN ACT to amend the civil practice law and rules, in relation to permit-
   ting grand jury inspection of medical  records  pursuant  to  subpoena
   duces tecum powers

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph 2 of subdivision (a) of rule 3122  of  the  civil
 practice  law and rules, as added by chapter 307 of the laws of 2011, is
 amended to read as follows:
   2. A medical provider served with a subpoena duces tecum, other than a
 trial subpoena issued by a court OR A SUBPOENA ISSUED BY A  GRAND  JURY,
 requesting  the  production  of  a patient's medical records pursuant to
 this rule need not respond or object to the subpoena if the subpoena  is
 not  accompanied by a written authorization by the patient. Any subpoena
 served upon a medical provider  requesting  the  medical  records  of  a
 patient  shall  state  in  conspicuous  bold-faced type that the records
 shall not be provided unless (I) the subpoena is accompanied by a  writ-
 ten  authorization  by  the  patient, [or] (II) the court has issued the
 subpoena or otherwise directed the production of the documents, OR (III)
 THE GRAND JURY  HAS  ISSUED  THE  SUBPOENA  OR  OTHERWISE  DIRECTED  THE
 PRODUCTION OF THE DOCUMENTS.
   §  2.  Section  4504 of the civil practice law and rules is amended by
 adding a new subdivision (b-1) to read as follows:
   (B-1)  CRIME  COMMITTED  AGAINST  PATIENT;  GENERALLY.  A   PHYSICIAN,
 DENTIST,  PODIATRIST,  CHIROPRACTOR,  NURSE, AS WELL AS THE ENTITIES AND
 ORGANIZATIONS INCLUDED IN SUBDIVISION (A)  OF  THIS  SECTION,  SHALL  BE
 REQUIRED  TO DISCLOSE INFORMATION IN RESPONSE TO A TRIAL SUBPOENA ISSUED
 BY A COURT OR A SUBPOENA ISSUED BY A GRAND  JURY  AND  SUBSCRIBED  BY  A
 MAGISTRATE FROM THE COURT WHICH EMPANELED SAID GRAND JURY.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08333-01-9

 S. 4759                             2
 
   § 3. Severability clause. If any clause, sentence, paragraph, subdivi-
 sion,  section  or  part  of  this act shall be adjudged by any court of
 competent jurisdiction to be invalid, such judgment  shall  not  affect,
 impair,  or  invalidate  the remainder thereof, but shall be confined in
 its  operation  to the clause, sentence, paragraph, subdivision, section
 or part thereof directly involved in the controversy in which such judg-
 ment shall have been rendered. It is hereby declared to be the intent of
 the legislature that this act would  have  been  enacted  even  if  such
 invalid provisions had not been included herein.
   § 4. This act shall take effect on the first of November next succeed-
 ing the date on which it shall have become a law.

2019-S4759A - Details

See Assembly Version of this Bill:: A7885
Current Committee:: Assembly Judiciary
Law Section:: Civil Practice Law and Rules
Laws Affected:: Amd R3122 & §4504, CPLR
Versions Introduced in 2021-2022 Legislative Session:: S436, A2333

2019-S4759A - Summary

Permits a grand jury to inspect medical records pursuant to subpoena duces tecum powers and requires the disclosure of information when a crime is committed against a patient.

2019-S4759A - Sponsor Memo

                                
 
BILL NUMBER: S4759A

SPONSOR: KAMINSKY
 
TITLE OF BILL:

An act to amend the civil practice law and rules, in relation to permit-
ting grand jury inspection of medical records pursuant to subpoena duces
tecum powers

 
PURPOSE:

This legislation would amend the Civil Practice Law and Rules to permit
grand jury inspection of medical records pursuant to subpoena duces
tecum powers.

 
SUMMARY OF PROVISIONS:

Section 1: Amends Rule 3122(2)(a) of the CPLR to include a subpoena
issued by a grand jury

Section 2: Adds a new subdivision to CPLR Section 4504 to provide that a

physician, dentist, podiatrist, chiropractor, nurse, and other entities
must disclose information regarding a patient who has been a victim of a
crime and directly pertaining to such crime in response to a trial
subpoena or a subpoena issued by a grand jury.

Section 3: Severability clause Section 4: Effective Date

 
JUSTIFICATION:

In 2011, the Office of Court Administration's Advisory Committee on
Civil Practice drafted legislation to clarify that trial subpoenas were
able to pierce the physician-patient privilege. The legislation was
drafted in response to a court ruling that became widely followed and
limited the authority of the court to order production of medical
records pursuant to a trial subpoena without the patient's signed
authorization. However, when the legislation was drafted, it did not
extend the same privilege to grand jury subpoenas.

This bill extends the privilege and therefore allows the physician-pa-
tient privilege to be pierced by subpoenas issued by a grand jury.
Allowing access to medical records from a grand jury subpoena is espe-
cially important in family violence and vehicular crimes cases, as a
grand jury decides whether there is enough evidence for a trial. This
legislation will ensure that access and address concerns of medical
providers that they are not violating the Health Insurance Portability.
and Accountability Act.

 
LEGISLATIVE HISTORY:

New Legislation.

 
FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
This act shall take effect on the 1st of November next succeeding the
date on which it becomes law.

2019-S4759A - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4759--A
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                              March 25, 2019
                                ___________
 
 Introduced  by Sen. KAMINSKY -- read twice and ordered printed, and when
   printed to be committed to the Committee  on  Judiciary  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 AN ACT to amend the civil practice law and rules, in relation to permit-
   ting  grand  jury  inspection  of medical records pursuant to subpoena
   duces tecum powers
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Paragraph  2 of subdivision (a) of rule 3122 of the civil
 practice law and rules, as added by chapter 307 of the laws of 2011,  is
 amended to read as follows:
   2. A medical provider served with a subpoena duces tecum, other than a
 trial  subpoena  issued by a court OR A SUBPOENA ISSUED BY A GRAND JURY,
 requesting the production of a patient's  medical  records  pursuant  to
 this  rule need not respond or object to the subpoena if the subpoena is
 not accompanied by a written authorization by the patient. Any  subpoena
 served  upon  a  medical  provider  requesting  the medical records of a
 patient shall state in conspicuous  bold-faced  type  that  the  records
 shall  not be provided unless (I) the subpoena is accompanied by a writ-
 ten authorization by the patient, [or] (II) the  court  has  issued  the
 subpoena or otherwise directed the production of the documents, OR (III)
 THE  GRAND  JURY  HAS  ISSUED  THE  SUBPOENA  OR  OTHERWISE DIRECTED THE
 PRODUCTION OF THE DOCUMENTS.
   § 2. Section 4504 of the civil practice law and rules  is  amended  by
 adding a new subdivision (b-1) to read as follows:
   (B-1)   CRIME  COMMITTED  AGAINST  PATIENT;  GENERALLY.  A  PHYSICIAN,
 DENTIST, PODIATRIST, CHIROPRACTOR, NURSE, AS WELL AS  THE  ENTITIES  AND
 ORGANIZATIONS  INCLUDED  IN  SUBDIVISION  (A)  OF THIS SECTION, SHALL BE
 REQUIRED TO DISCLOSE INFORMATION REGARDING A  PATIENT  WHO  HAS  BEEN  A
 VICTIM OF A CRIME AND DIRECTLY PERTAINING TO SUCH CRIME IN RESPONSE TO A
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD08333-02-9

 S. 4759--A                          2
 
 TRIAL  SUBPOENA  ISSUED  BY A COURT OR A SUBPOENA ISSUED BY A GRAND JURY
 AND SUBSCRIBED BY A MAGISTRATE FROM THE COURT WHICH EMPANELED SAID GRAND
 JURY.
   § 3. Severability clause. If any clause, sentence, paragraph, subdivi-
 sion,  section  or  part  of  this act shall be adjudged by any court of
 competent jurisdiction to be invalid, such judgment  shall  not  affect,
 impair,  or  invalidate  the remainder thereof, but shall be confined in
 its operation to the clause, sentence, paragraph,  subdivision,  section
 or part thereof directly involved in the controversy in which such judg-
 ment shall have been rendered. It is hereby declared to be the intent of
 the  legislature  that  this  act  would  have been enacted even if such
 invalid provisions had not been included herein.
   § 4. This act shall take effect on the first of November next succeed-
 ing the date on which it shall have become a law.

2019-S4759B - Details

See Assembly Version of this Bill:: A7885
Current Committee:: Assembly Judiciary
Law Section:: Civil Practice Law and Rules
Laws Affected:: Amd R3122 & §4504, CPLR
Versions Introduced in 2021-2022 Legislative Session:: S436, A2333

2019-S4759B - Summary

Permits a grand jury to inspect medical records pursuant to subpoena duces tecum powers and requires the disclosure of information when a crime is committed against a patient.

2019-S4759B - Sponsor Memo

                                
 
BILL NUMBER: S4759B

SPONSOR: KAMINSKY
 
TITLE OF BILL:

An act to amend the civil practice law and rules, in relation to permit-
ting grand jury inspection of medical records pursuant to subpoena duces
tecum powers

 
PURPOSE:

This legislation would amend the Civil Practice Law and Rules to permit
grand jury inspection of medical records pursuant to subpoena duces
tecum powers.

 
SUMMARY OF PROVISIONS:

Section 1: Amends Rule 3122(2)(a) of the CPLR to include a subpoena
issued by a grand jury

Section 2: Adds a new subdivision to CPLR Section 4504 to provide that a

physician, dentist, podiatrist, chiropractor, nurse, and other entities
must disclose information regarding a patient who has been a victim of a
crime and directly pertaining to such crime in response to a trial
subpoena or a subpoena issued by a grand jury.

Section 3: Severability clause Section 4: Effective Date

 
JUSTIFICATION:

In 2011, the Office of Court Administration's Advisory Committee on
Civil Practice drafted legislation to clarify that trial subpoenas were
able to pierce the physician-patient privilege. The legislation was
drafted in response to a court ruling that became widely followed and
limited the authority of the court to order production of medical
records pursuant to a trial subpoena without the patient's signed
authorization. However, when the legislation was drafted, it did not
extend the same privilege to grand jury subpoenas.

This bill extends the privilege and therefore allows the physician-pa-
tient privilege to be pierced by subpoenas issued by a grand jury.
Allowing access to medical records from a grand jury subpoena is espe-
cially important in family violence and vehicular crimes cases, as a
grand jury decides whether there is enough evidence for a trial. This
legislation will ensure that access and address concerns of medical
providers that they are not violating the Health Insurance Portability
and Accountability Act.

 
LEGISLATIVE HISTORY:

New Legislation.

 
FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
This act shall take effect on the 1st of November next succeeding the
date on which it becomes law.

2019-S4759B - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4759--B
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                              March 25, 2019
                                ___________
 
 Introduced  by Sen. KAMINSKY -- read twice and ordered printed, and when
   printed to be committed to the Committee  on  Judiciary  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to  said  committee  --  recommitted  to the Committee on Judiciary in
   accordance with Senate Rule 6, sec. 8 --  committee  discharged,  bill
   amended,  ordered reprinted as amended and recommitted to said commit-
   tee
 
 AN ACT to amend the civil practice law and rules, in relation to permit-
   ting grand jury inspection of medical  records  pursuant  to  subpoena
   duces tecum powers
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph 2 of subdivision (a) of rule 3122  of  the  civil
 practice  law and rules, as added by chapter 307 of the laws of 2011, is
 amended to read as follows:
   2. A medical provider served with a subpoena duces tecum, other than a
 trial subpoena issued by a court OR A SUBPOENA ISSUED BY A  GRAND  JURY,
 requesting  the  production  of  a patient's medical records pursuant to
 this rule need not respond or object to the subpoena if the subpoena  is
 not  accompanied by a written authorization by the patient. Any subpoena
 served upon a medical provider  requesting  the  medical  records  of  a
 patient  shall  state  in  conspicuous  bold-faced type that the records
 shall not be provided unless (I) the subpoena is accompanied by a  writ-
 ten  authorization  by  the  patient, [or] (II) the court has issued the
 subpoena or otherwise directed the production of the documents, OR (III)
 A MAGISTRATE FROM THE COURT WHICH EMPANELED A GRAND JURY HAS ISSUED  THE
 SUBPOENA OR OTHERWISE DIRECTED THE PRODUCTION OF THE DOCUMENTS.
   §  2.  Section  4504 of the civil practice law and rules is amended by
 adding a new subdivision (b-1) to read as follows:
   (B-1)  CRIME  COMMITTED  AGAINST  PATIENT;  GENERALLY.  A   PHYSICIAN,
 DENTIST,  PODIATRIST,  CHIROPRACTOR,  NURSE, AS WELL AS THE ENTITIES AND
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD08333-04-0

 S. 4759--B                          2
 
 ORGANIZATIONS INCLUDED IN SUBDIVISION (A)  OF  THIS  SECTION,  SHALL  BE
 REQUIRED  TO  DISCLOSE  INFORMATION  REGARDING  A PATIENT WHO HAS BEEN A
 VICTIM OF A CRIME AND DIRECTLY PERTAINING TO SUCH  CRIME  AS  REASONABLY
 SPECIFIED IN: (I) A TRIAL SUBPOENA ISSUED BY A COURT; OR (II) A SUBPOENA
 ISSUED  BY  A  GRAND  JURY AND SUBSCRIBED BY A MAGISTRATE FROM THE COURT
 WHICH EMPANELED SAID GRAND JURY.
   § 3. Severability clause. If any clause, sentence, paragraph, subdivi-
 sion, section or part of this act shall be  adjudged  by  any  court  of
 competent  jurisdiction  to  be invalid, such judgment shall not affect,
 impair, or invalidate the remainder thereof, but shall  be  confined  in
 its  operation  to the clause, sentence, paragraph, subdivision, section
 or part thereof directly involved in the controversy in which such judg-
 ment shall have been rendered. It is hereby declared to be the intent of
 the legislature that this act would  have  been  enacted  even  if  such
 invalid provisions had not been included herein.
   § 4. This act shall take effect on the first of November next succeed-
 ing the date on which it shall have become a law.

2019-S4759C (ACTIVE) - Details

See Assembly Version of this Bill:: A7885
Current Committee:: Assembly Judiciary
Law Section:: Civil Practice Law and Rules
Laws Affected:: Amd R3122 & §4504, CPLR
Versions Introduced in 2021-2022 Legislative Session:: S436, A2333

2019-S4759C (ACTIVE) - Summary

Permits a grand jury to inspect medical records pursuant to subpoena duces tecum powers and requires the disclosure of information when a crime is committed against a patient.

2019-S4759C (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S4759C

SPONSOR: KAMINSKY
 
TITLE OF BILL:

An act to amend the civil practice law and rules, in relation to permit-
ting grand jury inspection of medical records pursuant to subpoena duces
tecum powers

 
PURPOSE:

This legislation would amend the Civil Practice Law and Rules to permit
grand jury inspection of medical records pursuant to subpoena duces
tecum powers.

 
SUMMARY OF PROVISIONS:

Section 1: Amends Rule 3122(2)(a) of the CPLR to include a subpoena
issued on behalf of a grand jury.

Section 2: Adds a new subdivision to CPLR Section 4504 to provide that a

physician, dentist, podiatrist, chiropractor, nurse, and other entities
must disclose information regarding a patient who has been a victim of a
crime and directly pertaining to such crime in response to a trial
subpoena or a subpoena issued on behalf of a grand jury.

Section 3: Severability clause

Section 4: Effective Date

 
JUSTIFICATION:

In 2011, the Office of Court Administration's Advisory Committee on
Civil Practice drafted legislation to clarify that trial subpoenas were
able to pierce the physician-patient privilege. The legislation was
drafted in response to a court ruling that became widely followed and
limited the authority of the court to order production of medical
records pursuant to a trial subpoena without the patient's signed
authorization. However, when the legislation was drafted, it did not
extend the same privilege to grand jury subpoenas.  This bill extends
the privilege and therefore allows the physician-patient privilege to be
pierced by subpoenas issued on behalf of a grand jury. Allowing access
to medical records from a grand jury subpoena is especially important in
family violence and vehicular crimes cases, as a grand jury decides
whether there is enough evidence for a trial. This legislation will
ensure that access and address concerns of medical providers that they
are not violating the Health Insurance Portability and Accountability
Act.

 
LEGISLATIVE HISTORY:

New Legislation.

 
FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
This act shall take effect on the 1st of November next succeeding the
date on which it becomes law.

2019-S4759C (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4759--C
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                              March 25, 2019
                                ___________
 
 Introduced  by Sen. KAMINSKY -- read twice and ordered printed, and when
   printed to be committed to the Committee  on  Judiciary  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to  said  committee  --  recommitted  to the Committee on Judiciary in
   accordance with Senate Rule 6, sec. 8 --  committee  discharged,  bill
   amended,  ordered reprinted as amended and recommitted to said commit-
   tee --  committee  discharged,  bill  amended,  ordered  reprinted  as
   amended and recommitted to said committee
 
 AN ACT to amend the civil practice law and rules, in relation to permit-
   ting  grand  jury  inspection  of medical records pursuant to subpoena
   duces tecum powers
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Paragraph  2 of subdivision (a) of rule 3122 of the civil
 practice law and rules, as added by chapter 307 of the laws of 2011,  is
 amended to read as follows:
   2. A medical provider served with a subpoena duces tecum, other than a
 trial  subpoena  issued  by  a court OR A SUBPOENA ISSUED ON BEHALF OF A
 GRAND JURY AND SUBSCRIBED BY A MAGISTRATE FROM THE COURT WHICH EMPANELED
 SAID GRAND JURY,  requesting  the  production  of  a  patient's  medical
 records pursuant to this rule need not respond or object to the subpoena
 if  the  subpoena  is  not accompanied by a written authorization by the
 patient. Any subpoena served upon  a  medical  provider  requesting  the
 medical  records of a patient shall state in conspicuous bold-faced type
 that the records shall not be provided unless (I) the subpoena is accom-
 panied by a written authorization by the patient, [or]  (II)  the  court
 has  issued  the  subpoena  or  otherwise directed the production of the
 documents, OR (III) A MAGISTRATE FROM THE COURT WHICH EMPANELED A  GRAND
 JURY HAS SUBSCRIBED THE SUBPOENA ISSUED ON BEHALF OF THE GRAND JURY.
   §  2.  Section  4504 of the civil practice law and rules is amended by
 adding a new subdivision (b-1) to read as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD08333-06-0

 S. 4759--C                          2
 
   (B-1)  CRIME  COMMITTED  AGAINST  PATIENT;  GENERALLY.  A   PHYSICIAN,
 DENTIST,  PODIATRIST,  CHIROPRACTOR,  NURSE, AS WELL AS THE ENTITIES AND
 ORGANIZATIONS INCLUDED IN SUBDIVISION (A)  OF  THIS  SECTION,  SHALL  BE
 REQUIRED  TO  DISCLOSE  INFORMATION  REGARDING  A PATIENT WHO HAS BEEN A
 VICTIM  OF  A  CRIME AND DIRECTLY PERTAINING TO SUCH CRIME AS REASONABLY
 SPECIFIED IN: (I) A TRIAL SUBPOENA ISSUED BY A COURT; OR (II) A SUBPOENA
 ISSUED ON BEHALF OF A GRAND JURY AND SUBSCRIBED BY A MAGISTRATE FROM THE
 COURT WHICH EMPANELED SAID GRAND JURY.
   § 3. Severability clause. If any clause, sentence, paragraph, subdivi-
 sion, section or part of this act shall be  adjudged  by  any  court  of
 competent  jurisdiction  to  be invalid, such judgment shall not affect,
 impair, or invalidate the remainder thereof, but shall  be  confined  in
 its  operation  to the clause, sentence, paragraph, subdivision, section
 or part thereof directly involved in the controversy in which such judg-
 ment shall have been rendered. It is hereby declared to be the intent of
 the legislature that this act would  have  been  enacted  even  if  such
 invalid provisions had not been included herein.
   § 4. This act shall take effect on the first of November next succeed-
 ing the date on which it shall have become a law.

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Senate Bill S4759A

Sponsored By

Archive: Last Bill Status - In Assembly Committee

Jul 21, 2020 - Floor Vote

Floor Vote: Jul 21, 2020

Jun 14, 2019 - Floor Vote

Floor Vote: Jun 14, 2019

Feb 25, 2020 - Judiciary Committee Vote

Judiciary Committee Vote: Feb 25, 2020

May 30, 2019 - Judiciary Committee Vote

Judiciary Committee Vote: May 30, 2019

Bill Amendments

2019-S4759 - Details

2019-S4759 - Summary

2019-S4759 - Sponsor Memo

2019-S4759 - Bill Text download pdf

2019-S4759A - Details

2019-S4759A - Summary

2019-S4759A - Sponsor Memo

2019-S4759A - Bill Text download pdf

2019-S4759B - Details

2019-S4759B - Summary

2019-S4759B - Sponsor Memo

2019-S4759B - Bill Text download pdf

2019-S4759C (ACTIVE) - Details

2019-S4759C (ACTIVE) - Summary

2019-S4759C (ACTIVE) - Sponsor Memo

2019-S4759C (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S4759A

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Sponsored By

Todd Kaminsky

Archive: Last Bill Status - In Assembly Committee

Bill Amendments

2019-S4759 - Details

2019-S4759 - Summary

2019-S4759 - Sponsor Memo

2019-S4759 - Bill Text download pdf

2019-S4759A - Details

2019-S4759A - Summary

2019-S4759A - Sponsor Memo

2019-S4759A - Bill Text download pdf

2019-S4759B - Details

2019-S4759B - Summary

2019-S4759B - Sponsor Memo

2019-S4759B - Bill Text download pdf

2019-S4759C (ACTIVE) - Details

2019-S4759C (ACTIVE) - Summary

2019-S4759C (ACTIVE) - Sponsor Memo

2019-S4759C (ACTIVE) - Bill Text download pdf

Comments