Bill Text: NY A07465 | 2011-2012 | General Assembly | Amended

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Bill Title: Clarifies, that in the absence of a patient's authorization, a trial subpoena duces tecum seeking the production of medical records may be issued by the court.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Passed) 2011-08-03 - signed chap.307 [A07465 Detail]

Download: New_York-2011-A07465-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        7465--A
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                      May 4, 2011
                                      ___________
       Introduced  by  M. of A. ZEBROWSKI -- (at request of the Office of Court
         Administration) -- read once and referred to the Committee on Codes --
         committee discharged, bill amended, ordered reprinted as  amended  and
         recommitted to said committee
       AN ACT to amend the civil practice law and rules, in relation to subpoe-
         nas duces tecum for medical records
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Subdivision (b) of section 2302 of the civil  practice  law
    2  and  rules, as amended by chapter 136 of the laws of 2007, is amended to
    3  read as follows:
    4    (b) Issuance by court. A subpoena to compel production of an  original
    5  record or document where a certified transcript or copy is admissible in
    6  evidence, or to compel attendance of any person confined in a penitenti-
    7  ary  or  jail,  shall  be  issued  by the court. Unless the court orders
    8  otherwise, a motion for such subpoena shall be  made  on  at  least  one
    9  day's  notice  to  the  person having custody of the record, document or
   10  person confined. A subpoena to produce a prisoner so confined  shall  be
   11  issued  by  a  judge  to whom a petition for habeas corpus could be made
   12  under subdivision (b) of section seven thousand two of this chapter or a
   13  judge of the court of claims, if the matter is pending before the  court
   14  of claims, or a judge of the surrogate's court, if the matter is pending
   15  before  the  surrogate's  court, or a judge or support magistrate of the
   16  family court, if the matter is pending before the  family  court,  or  a
   17  judge  of the New York city civil court, if the matter is pending before
   18  the New York city civil court and it has been removed thereto  from  the
   19  supreme court pursuant to subdivision (d) of section three hundred twen-
   20  ty-five  of  this  chapter.    IN  THE  ABSENCE OF AN AUTHORIZATION BY A
   21  PATIENT, A TRIAL SUBPOENA DUCES TECUM FOR THE PATIENT'S MEDICAL  RECORDS
   22  MAY ONLY BE ISSUED BY A COURT.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD09303-03-1
       A. 7465--A                          2
    1    S 2. Subdivision (a) of rule 3122 of the civil practice law and rules,
    2  as  amended  by  chapter  575 of the laws of 2002, is amended to read as
    3  follows:
    4    (a)  1.  Within  twenty  days of service of a notice or subpoena duces
    5  tecum under rule 3120 or section 3121, the party or person to  whom  the
    6  notice  or  subpoena  duces  tecum  is directed, if that party or person
    7  objects to the disclosure, inspection  or  examination,  shall  serve  a
    8  response which shall state with reasonable particularity the reasons for
    9  each objection. If objection is made to part of an item or category, the
   10  part  shall  be  specified.  [A  medical provider served with a subpoena
   11  duces tecum requesting the production of  a  patient's  medical  records
   12  pursuant  to this rule need not respond or object to the subpoena if the
   13  subpoena is not accompanied by a written authorization by  the  patient.
   14  Any  subpoena  served  upon  a  medical  provider requesting the medical
   15  records of a patient shall state in conspicuous bold-faced type that the
   16  records shall not be provided unless the subpoena is  accompanied  by  a
   17  written  authorization  by  the  patient.]  The party seeking disclosure
   18  under rule 3120 or section 3121 may move for an order under rule 3124 or
   19  section 2308 with respect to any  objection  to,  or  other  failure  to
   20  respond  to or permit inspection as requested by, the notice or subpoena
   21  duces tecum, respectively, or any part thereof.
   22    2. A MEDICAL PROVIDER SERVED WITH A SUBPOENA DUCES TECUM, OTHER THAN A
   23  TRIAL SUBPOENA ISSUED  BY  A  COURT,  REQUESTING  THE  PRODUCTION  OF  A
   24  PATIENT'S  MEDICAL  RECORDS  PURSUANT  TO  THIS RULE NEED NOT RESPOND OR
   25  OBJECT TO THE SUBPOENA IF THE SUBPOENA IS NOT ACCOMPANIED BY  A  WRITTEN
   26  AUTHORIZATION BY THE PATIENT. ANY SUBPOENA SERVED UPON A MEDICAL PROVID-
   27  ER  REQUESTING THE MEDICAL RECORDS OF A PATIENT SHALL STATE IN CONSPICU-
   28  OUS BOLD-FACED TYPE THAT THE RECORDS SHALL NOT BE  PROVIDED  UNLESS  THE
   29  SUBPOENA  IS  ACCOMPANIED  BY A WRITTEN AUTHORIZATION BY THE PATIENT, OR
   30  THE COURT HAS ISSUED THE SUBPOENA OR OTHERWISE DIRECTED  THE  PRODUCTION
   31  OF THE DOCUMENTS.
   32    S 3. This act shall take effect immediately.