Bill Text: NY A01490 | 2021-2022 | General Assembly | Introduced

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Bill Title: Enacts the "patient privacy protection act"; prohibits ex-parte interviews of other party's treating physicians or health care providers in personal injury, medical, dental, or podiatric malpractice, or wrongful death actions.

Spectrum: Partisan Bill (Democrat 7-0)

Status: (Introduced - Dead) 2022-01-05 - referred to judiciary [A01490 Detail]

Download: New_York-2021-A01490-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          1490

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                    January 11, 2021
                                       ___________

        Introduced  by  M.  of  A.  DINOWITZ, WEPRIN, CARROLL, COLTON, JACOBSON,
          GOTTFRIED, SIMON -- read once and referred to the Committee on Judici-
          ary

        AN ACT to amend the civil practice law and rules, in relation to  enact-
          ing the "patient privacy protection act"

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Short title.  This act shall be known and may be  cited  as
     2  the "patient privacy protection act".
     3    §  2.   Section 3102 of the civil practice law and rules is amended by
     4  adding a new subdivision (c-1) to read as follows:
     5    (c-1) Ex-parte interviews. In any action  involving  personal  injury,
     6  medical, dental or podiatric malpractice, or wrongful death, no party or
     7  anyone  acting  on  behalf  of a party may either directly or indirectly
     8  conduct ex-parte interviews with the treating physicians or other health
     9  care providers of any other party.   Nothing in this  subdivision  shall
    10  prohibit an attorney or the agent or employee of an attorney who repres-
    11  ents  the  patient,  the  estate  of the patient, or the natural or duly
    12  appointed guardian of the patient whose condition is  at  issue  in  the
    13  action  from conducting ex-parte conversations with a treating physician
    14  or other health care provider of the patient.
    15    § 3. This act shall take effect on the thirtieth day  after  it  shall
    16  have  become  a  law  and  shall apply to all actions involving personal
    17  injury, medical, dental or  podiatric  malpractice,  or  wrongful  death
    18  filed  on  and  after  such date and to all such actions pending on such
    19  effective date except as to conduct prohibited by section  two  of  this
    20  act which occurred prior to such effective date.


         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05243-01-1