Establishes a penalty of not less than $1,000 for each intentional destruction, mutilation or significant alteration of a medical record by a party to a medical malpractice action, or by any officer, director, member, employee or agent of such party; establishes a cause of action on behalf of any person injured as the result of such destruction, mutilation or significant alteration; requires disclosure of metadata, audit trail, and log-in information associated with electronic medical records in certain actions.
S T A T E O F N E W Y O R K
________________________________________________________________________
7976
2025-2026 Regular Sessions
I N A S S E M B L Y
April 16, 2025
___________
Introduced by M. of A. P. CARROLL -- read once and referred to the
Committee on Judiciary
AN ACT to amend the civil practice law and rules, in relation to estab-
lishing a penalty and cause of action for the intentional destruction,
mutilation or significant alteration of certain medical records; and
requires disclosure of metadata, audit trail, and log-in information
associated with electronic medical records in certain actions
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 3126 of the civil practice law and rules, as
amended by chapter 98 of the laws of 1993, is amended to read as
follows:
§ 3126. Penalties for refusal to comply with order or to disclose.
(A) If any party, or a person who at the time a deposition is taken or
an examination or inspection is made is an officer, director, member,
employee or agent of a party or otherwise under a party's control,
refuses to obey an order for disclosure or wilfully fails to disclose
information which the court finds ought to have been disclosed pursuant
to this article, the court may make such orders with regard to the fail-
ure or refusal as are just, among them:
1. an order that the issues to which the information is relevant shall
be deemed resolved for purposes of the action in accordance with the
claims of the party obtaining the order; or
2. an order prohibiting the disobedient party from supporting or
opposing designated claims or defenses, from producing in evidence
designated things or items of testimony, or from introducing any
evidence of the physical, mental or blood condition sought to be deter-
mined, or from using certain witnesses; or
3. an order striking out pleadings or parts thereof, or staying
further proceedings until the order is obeyed, or dismissing the action
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01800-01-5
A. 7976 2
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