Assembly Bill A234

2023-2024 Legislative Session

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

download bill text pdf

Sponsored By

Current 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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2023-A234 (ACTIVE) - Details

Current Committee:
Assembly Judiciary
Law Section:
Civil Practice Law and Rules
Laws Affected:
Add §4550, CPLR
Versions Introduced in Other Legislative Sessions:
2017-2018: A6479
2019-2020: A1758
2021-2022: A1489

2023-A234 (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; provides the court shall grant a waiver of the privilege in certain instances.

2023-A234 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    234
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 4, 2023
                                ___________
 
 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 4550 to read as follows:
   §  4550. 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.

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