Bill Text: NY A07885 | 2019-2020 | General Assembly | Amended

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Bill Title: Permits a grand jury to inspect medical records pursuant to subpoena duces tecum powers and requires the disclosure of information when a crime is committed against a patient.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-02-25 - print number 7885a [A07885 Detail]

Download: New_York-2019-A07885-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         7885--A

                               2019-2020 Regular Sessions

                   IN ASSEMBLY

                                      May 28, 2019
                                       ___________

        Introduced  by M. of A. STERN -- read once and referred to the Committee
          on Judiciary -- recommitted to the Committee on Judiciary  in  accord-
          ance  with  Assembly  Rule  3,  sec.  2  -- committee discharged, bill
          amended, ordered reprinted as amended and recommitted to said  commit-
          tee

        AN ACT to amend the civil practice law and rules, in relation to permit-
          ting  grand  jury  inspection  of medical records pursuant to subpoena
          duces tecum powers

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

     1    Section  1.  Paragraph  2 of subdivision (a) of rule 3122 of the civil
     2  practice law and rules, as added by chapter 307 of the laws of 2011,  is
     3  amended to read as follows:
     4    2. A medical provider served with a subpoena duces tecum, other than a
     5  trial  subpoena  issued  by  a court or a subpoena issued on behalf of a
     6  grand jury and subscribed by a magistrate from the court which empaneled
     7  said grand jury,  requesting  the  production  of  a  patient's  medical
     8  records pursuant to this rule need not respond or object to the subpoena
     9  if  the  subpoena  is  not accompanied by a written authorization by the
    10  patient. Any subpoena served upon  a  medical  provider  requesting  the
    11  medical  records of a patient shall state in conspicuous bold-faced type
    12  that the records shall not be provided unless (i) the subpoena is accom-
    13  panied by a written authorization by the patient, [or]  (ii)  the  court
    14  has  issued  the  subpoena  or  otherwise directed the production of the
    15  documents, or (iii) a magistrate from the court which empaneled a  grand
    16  jury has subscribed the subpoena issued on behalf of the grand jury.
    17    §  2.  Section  4504 of the civil practice law and rules is amended by
    18  adding a new subdivision (b-1) to read as follows:
    19    (b-1)  Crime  committed  against  patient;  generally.  A   physician,
    20  dentist,  podiatrist,  chiropractor,  nurse, as well as the entities and
    21  organizations included in subdivision (a)  of  this  section,  shall  be

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08333-07-0
        A. 7885--A                          2

     1  required  to  disclose  information  regarding  a patient who has been a
     2  victim of a crime and directly pertaining to such  crime  as  reasonably
     3  specified in: (i) a trial subpoena issued by a court; or (ii) a subpoena
     4  issued on behalf of a grand jury and subscribed by a magistrate from the
     5  court which empaneled said grand jury.
     6    § 3. Severability clause. If any clause, sentence, paragraph, subdivi-
     7  sion,  section  or  part  of  this act shall be adjudged by any court of
     8  competent jurisdiction to be invalid, such judgment  shall  not  affect,
     9  impair,  or  invalidate  the remainder thereof, but shall be confined in
    10  its operation to the clause, sentence, paragraph,  subdivision,  section
    11  or part thereof directly involved in the controversy in which such judg-
    12  ment shall have been rendered. It is hereby declared to be the intent of
    13  the  legislature  that  this  act  would  have been enacted even if such
    14  invalid provisions had not been included herein.
    15    § 4. This act shall take effect on the first of November next succeed-
    16  ing the date on which it shall have become a law.