NY State Senate Bill 2009-S6131

Senate Bill S6131

2009-2010 Legislative Session

Establishes a penalty and cause of action for intentional destruction of medical records by a party to a medical malpractice action, or by an agent thereof

download bill text pdf

Archive: Last Bill Status - In Senate Committee Codes Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to codes
Aug 12, 2009	referred to rules

2009-S6131 (ACTIVE) - Details

See Assembly Version of this Bill:: A5239
Current Committee:: Senate Codes
Law Section:: Civil Practice Law and Rules
Laws Affected:: Amd §3126, CPLR
Versions Introduced in Other Legislative Sessions:: 2011-2012: S2531, A4868
2013-2014: S600
2015-2016: S2474
2017-2018: S3132
2019-2020: S293
2021-2022: S163
2023-2024: S152

2009-S6131 (ACTIVE) - Summary

Establishes a penalty of not less than $1,000 for each intentional destruction, mutilation or significant alteration of a medical record by a party to a medical malpractice action, or by any officer, director, member, employee or agent of such party; also establishes a cause of action on behalf of any person injured as the result of such destruction, mutilation or significant alteration.

2009-S6131 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S6131

 TITLE OF BILL :
An act to amend the civil practice law and rules, in relation to
establishing a penalty and cause of action for the intentional
destruction, mutilation or significant alteration of certain medical
records


 PURPOSE :
To deter fraud by providing that any party, or person who at the time
that an action for medical malpractice is commenced is an officer,
director, member, employee or agent of a party or otherwise under the
party's control, who intentionally destroys, mutilates or
significantly alters any medical records shall be subject to a civil
penalty of not less than $1,000 for each violation. To provide an
individual who is injured as a result of the destruction, mutilation
or alteration the ability to bring an action and hold the responsible
parties accountable.

 SUMMARY OF PROVISIONS :
Adds a new undesignated paragraph to section 3126 of the civil
practice law and rules stating that any party, or person who is an
officer, director, member, employee or agent of a party, or otherwise
under the parties' control at the time that an action for medical
malpractice is commenced, who intentionally destroys, mutilates or

significantly alters any medical records shall be subject to a penalty
of between $1,000 and $10,000 per violation. Also states that any
person who has been injured as a result of the destruction, mutilation
or alteration may bring an action against the party and/or person
responsible to recover damages if such destruction made it impossible
or significantly impeded the plaintiff's ability to prove his or her
initial claim. A judge may also strike an offending party's pleadings
and render a judgment by default against the offending party if the
affected records are crucial to a determination on the issue of
liability.

 JUSTIFICATION :
This bill helps to protect patients and promote accountability for
proper medical care by establishing penalties for the intentional
destruction, mutilation or alteration of medical records. The
destruction and alteration of medical records to cover up alleged
malpractice can have severe consequences for the victim, who may not
be able to prove his or her claim without the vital information
contained within those records. By creating a private right of action
for the person who has been injured by such destruction against those
who are responsible individuals, this bill sends a clear and
unequivocal message to all medical, nonmedical and administrative
personnel that such egregious; fraudulent behavior will not be
tolerated.

 LEGISLATIVE HISTORY :
Senate:   2005-2006 Referred to Codes

Assembly: 2007-2008 Advanced to Third Reading Cal. 695

 FISCAL IMPLICATIONS :
None.

 EFFECTIVE DATE :
This act shall take effect immediately.

2009-S6131 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  6131

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             August 12, 2009
                               ___________

Introduced  by  Sen. SCHNEIDERMAN -- read twice and ordered printed, and
  when printed to be committed to the Committee on Rules

AN ACT to amend the civil practice law and rules, in relation to  estab-
  lishing a penalty and cause of action for the intentional destruction,
  mutilation or significant alteration of certain medical records

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 3126 of  the  civil  practice  law  and  rules,  as
amended  by  chapter  98  of  the  laws  of  1993, is amended to read as
follows:
  S 3126. Penalties for refusal to comply with  order  or  to  disclose.
(A)  If  any party, or a person who at the time a deposition is taken or
an examination or inspection is made is an  officer,  director,  member,
employee  or  agent  of  a  party  or otherwise under a party's control,
refuses to obey an order for disclosure or wilfully  fails  to  disclose
information  which the court finds ought to have been disclosed pursuant
to this article, the court may make such orders with regard to the fail-
ure or refusal as are just, among them:
  1. an order that the issues to which the information is relevant shall
be deemed resolved for purposes of the action  in  accordance  with  the
claims of the party obtaining the order; or
  2.  an  order  prohibiting  the  disobedient  party from supporting or
opposing designated claims  or  defenses,  from  producing  in  evidence
designated  things  or  items  of  testimony,  or  from  introducing any
evidence of the physical, mental or blood condition sought to be  deter-
mined, or from using certain witnesses; or
  3.  an  order  striking  out  pleadings  or  parts thereof, or staying
further proceedings until the order is obeyed, or dismissing the  action
or  any  part  thereof,  or  rendering a judgment by default against the
disobedient party.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05742-01-9

S. 6131                             2

  (B) IF ANY PARTY, OR A PERSON WHO AT  THE  TIME  THAT  AN  ACTION  FOR
MEDICAL  MALPRACTICE IS COMMENCED OR THEREAFTER IS AN OFFICER, DIRECTOR,
MEMBER, EMPLOYEE OR AGENT OF A PARTY  OR  OTHERWISE  UNDER  THE  PARTY'S
CONTROL,  INTENTIONALLY  DESTROYS, MUTILATES OR SIGNIFICANTLY ALTERS ANY
MEDICAL  RECORD, THE PARTY OR PERSON SHALL BE SUBJECT TO A CIVIL PENALTY
OF NOT LESS THAN ONE THOUSAND DOLLARS FOR EACH SUCH  ACT.  IN  ADDITION,
ANY PERSON WHO HAS BEEN INJURED BECAUSE OF SUCH INTENTIONAL DESTRUCTION,
MUTILATION  OR  SIGNIFICANT  ALTERATION OF A MEDICAL RECORD MAY BRING AN
ACTION AGAINST THE PARTY AND/OR PERSON RESPONSIBLE THEREFOR  TO  RECOVER
DAMAGES  IF  SUCH  DESTRUCTION OF EVIDENCE MADE IT IMPOSSIBLE OR SIGNIF-
ICANTLY IMPEDED THE PLAINTIFF'S ABILITY TO PROVE HIS OR HER  CLAIM.  THE
COURT MAY AWARD REASONABLE ATTORNEY'S FEES TO A PREVAILING PLAINTIFF.
  S  2.  This  act  shall take effect immediately and shall apply to any
intentional destruction,  mutilation  or  significant  alteration  of  a
medical record occurring on or after such date.

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