Bill Text: NY A04336 | 2009-2010 | General Assembly | Introduced
Bill Title: An act to amend the civil practice law and rules, in relation to the admission of hospital records into evidence
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2009-06-23 - enacting clause stricken [A04336 Detail]
Download: New_York-2009-A04336-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 4336 2009-2010 Regular Sessions I N A S S E M B L Y February 3, 2009 ___________ Introduced by M. of A. SEMINERIO -- read once and referred to the Committee on Codes AN ACT to amend the civil practice law and rules, in relation to the admission of hospital records into evidence THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. Rule 4518 of the civil practice law and rules is amended by 2 adding a new subdivision (h) to read as follows: 3 (H) NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, ALL ENTRIES 4 MADE IN A DULY AUTHENTICATED HOSPITAL RECORD, INCLUDING STATEMENTS MADE 5 BY A PLAINTIFF IN A PERSONAL INJURY ACTION AS TO THE CAUSE OF SUCH INJU- 6 RY, ARE ADMISSIBLE IN EVIDENCE UNDER THIS RULE AND ALL OTHER CIRCUM- 7 STANCES CONCERNING SUCH ENTRIES MAY BE PROVED TO AFFECT THEIR WEIGHT, 8 BUT NOT THEIR ADMISSIBILITY. 9 S 2. This act shall take effect immediately and shall apply to all 10 actions that proceed to trial not less than ninety days after such 11 effective date. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD08115-01-9