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This entry was published on 2018-08-31
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SECTION 4518
Business records
Civil Practice Law & Rules (CVP) CHAPTER 8, ARTICLE 45
Rule 4518. Business records. (a) Generally. Any writing or record,
whether in the form of an entry in a book or otherwise, made as a
memorandum or record of any act, transaction, occurrence or event, shall
be admissible in evidence in proof of that act, transaction, occurrence
or event, if the judge finds that it was made in the regular course of
any business and that it was the regular course of such business to make
it, at the time of the act, transaction, occurrence or event, or within
a reasonable time thereafter. An electronic record, as defined in
section three hundred two of the state technology law, used or stored as
such a memorandum or record, shall be admissible in a tangible exhibit
that is a true and accurate representation of such electronic record.
The court may consider the method or manner by which the electronic
record was stored, maintained or retrieved in determining whether the
exhibit is a true and accurate representation of such electronic record.
All other circumstances of the making of the memorandum or record,
including lack of personal knowledge by the maker, may be proved to
affect its weight, but they shall not affect its admissibility. The term
business includes a business, profession, occupation and calling of
every kind.

(b) Hospital bills. A hospital bill is admissible in evidence under
this rule and is prima facie evidence of the facts contained, provided
it bears a certification by the head of the hospital or by a responsible
employee in the controller's or accounting office that the bill is
correct, that each of the items was necessarily supplied and that the
amount charged is reasonable. This subdivision shall not apply to any
proceeding in a surrogate's court nor in any action instituted by or on
behalf of a hospital to recover payment for accommodations or supplies
furnished or for services rendered by or in such hospital, except that
in a proceeding pursuant to section one hundred eighty-nine of the lien
law to determine the validity and extent of the lien of a hospital, such
certified hospital bills are prima facie evidence of the fact of
services and of the reasonableness of any charges which do not exceed
the comparable charges made by the hospital in the care of workmen's
compensation patients.

(c) Other records. All records, writings and other things referred to
in sections 2306 and 2307 are admissible in evidence under this rule and
are prima facie evidence of the facts contained, provided they bear a
certification or authentication by the head of the hospital, laboratory,
department or bureau of a municipal corporation or of the state, or by
an employee delegated for that purpose or by a qualified physician.
Where a hospital record is in the custody of a warehouse as that term is
defined by paragraph (thirteen) of subsection (a) of section 7--102 of
the uniform commercial code, pursuant to a plan approved in writing by
the state commissioner of health, admissibility under this subdivision
may be established by a certification made by the manager of the
warehouse that sets forth (i) the authority by which the record is held,
including but not limited to a court order, order of the commissioner,
or order or resolution of the governing body or official of the
hospital, and (ii) that the record has been in the exclusive custody of
such warehouse or warehousemen since its receipt from the hospital or,
if another has had access to it, the name and address of such person and
the date on which and the circumstances under which such access was had.
Any warehouse providing a certification as required by this subdivision
shall have no liability for acts or omissions relating thereto, except
for intentional misconduct, and the warehouse is authorized to assess
and collect a reasonable charge for providing the certification
described by this subdivision. Where a hospital record is located in a
jurisdiction other than this state, admissibility under this subdivision
may be established by either a certification or authentication by the
head of the hospital, laboratory, department or bureau of a municipal
corporation or of the state or by an employee delegated for that
purpose, or by a qualified physician.

(d) Any records or reports relating to the administration and analysis
of a genetic marker or DNA test, including records or reports of the
costs of such tests, administered pursuant to sections four hundred
eighteen and five hundred thirty-two of the family court act or section
one hundred eleven-k of the social services law are admissible in
evidence under this rule and are prima facie evidence of the facts
contained therein provided they bear a certification or authentication
by the head of the hospital, laboratory, department or bureau of a
municipal corporation or the state or by an employee delegated for that
purpose, or by a qualified physician. If such record or report relating
to the administration and analysis of a genetic marker test or DNA test
or tests administered pursuant to sections four hundred eighteen and
five hundred thirty-two of the family court act or section one hundred
eleven-k of the social services law indicates at least a ninety-five
percent probability of paternity, the admission of such record or report
shall create a rebuttable presumption of paternity, and shall, if
unrebutted, establish the paternity of and liability for the support of
a child pursuant to articles four and five of the family court act.

(e) Notwithstanding any other provision of law, a record or report
relating to the administration and analysis of a genetic marker test or
DNA test certified in accordance with subdivision (d) of this rule and
administered pursuant to sections four hundred eighteen and five hundred
thirty-two of the family court act or section one hundred eleven-k of
the social services law is admissible in evidence under this rule
without the need for foundation testimony or further proof of
authenticity or accuracy unless objections to the record or report are
made in writing no later than twenty days before a hearing at which the
record or report may be introduced into evidence or thirty days after
receipt of the test results, whichever is earlier.

(f) Notwithstanding any other provision of law, records or reports of
support payments and disbursements maintained pursuant to title six-A of
article three of the social services law by the office of temporary and
disability assistance or the fiscal agent under contract to the office
for the provision of centralized collection and disbursement functions
are admissible in evidence under this rule, provided that they bear a
certification by an official of a social services district attesting to
the accuracy of the content of the record or report of support payments
and that in attesting to the accuracy of the record or report such
official has received confirmation from the office of temporary and
disability assistance or the fiscal agent under contract to the office
for the provision of centralized collection and disbursement functions
pursuant to section one hundred eleven-h of the social services law that
the record or report of support payments reflects the processing of all
support payments in the possession of the office or the fiscal agent as
of a specified date, and that the document is a record or report of
support payments maintained pursuant to title six-A of article three of
the social services law. If so certified, such record or report shall be
admitted into evidence under this rule without the need for additional
foundation testimony. Such records shall be the basis for a permissive
inference of the facts contained therein unless the trier of fact finds
good cause not to draw such inference.

(g) Pregnancy and childbirth costs. Any hospital bills or records
relating to the costs of pregnancy or birth of a child for whom
proceedings to establish paternity, pursuant to sections four hundred
eighteen and five hundred thirty-two of the family court act or section
one hundred eleven-k of the social services law have been or are being
undertaken, are admissible in evidence under this rule and are prima
facie evidence of the facts contained therein, provided they bear a
certification or authentication by the head of the hospital, laboratory,
department or bureau of a municipal corporation or the state or by an
employee designated for that purpose, or by a qualified physician.