assembly Bill A1490

2021-2022 Legislative Session

Enacts the "patient privacy protection act"

download bill text pdf

Sponsored By

Current Bill Status - In Assembly Committee


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

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Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 05, 2022 referred to judiciary
Jan 11, 2021 referred to judiciary

Co-Sponsors

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A1490 (ACTIVE) - Details

Current Committee:
Assembly Judiciary
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd §3102, CPLR
Versions Introduced in Other Legislative Sessions:
2009-2010: A1254
2011-2012: A694
2013-2014: A2365
2015-2016: A242
2017-2018: A1404, A9030
2019-2020: A2370

A1490 (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.

A1490 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1490
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 11, 2021
                                ___________
 
 Introduced  by  M.  of  A.  DINOWITZ, WEPRIN, CARROLL, COLTON, JACOBSON,
   GOTTFRIED, SIMON -- read once and referred to the Committee on Judici-
   ary
 
 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.
                                                            LBD05243-01-1