Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jan 05, 2022 |
referred to judiciary returned to senate died in assembly |
Mar 18, 2021 |
referred to judiciary delivered to assembly passed senate |
Feb 03, 2021 |
advanced to third reading |
Feb 02, 2021 |
2nd report cal. |
Feb 01, 2021 |
1st report cal.205 |
Jan 06, 2021 |
referred to judiciary |
Senate Bill S436
2021-2022 Legislative Session
Sponsored By
(D) Senate District
Archive: Last Bill Status - In Senate Committee Judiciary 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
Actions
Votes
2021-S436 (ACTIVE) - Details
- See Assembly Version of this Bill:
- A2333
- Current Committee:
- Senate Judiciary
- Law Section:
- Civil Practice Law and Rules
- Laws Affected:
- Amd R3122, §4504, CPLR
- Versions Introduced in 2019-2020 Legislative Session:
-
S4759, A7885
2021-S436 (ACTIVE) - Sponsor Memo
BILL NUMBER: S436 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
2021-S436 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 436 2021-2022 Regular Sessions I N S E N A T E (PREFILED) January 6, 2021 ___________ 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 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 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
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