S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2333
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 14, 2021
                                ___________
 
 Introduced  by M. of A. STERN -- read once and referred 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  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:
   (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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD01029-01-1

 A. 2333                             2
 
 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.