Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jan 03, 2018 |
referred to judiciary |
Mar 07, 2017 |
referred to judiciary |
Assembly Bill A6479
2017-2018 Legislative Session
Sponsored By
MAGNARELLI
Archive: Last Bill Status - In Assembly 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
Actions
2017-A6479 (ACTIVE) - Details
2017-A6479 (ACTIVE) - Summary
Provides that in medical malpractice actions where the plaintiff is not the patient of the defendant and the alleged malpractice is the result of the defendant's treatment or care of a third party, the defendant may make a motion to the court to compel the non-party patient to waive the privilege; the court shall grant a waiver of the privilege in certain instances.
2017-A6479 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 6479 2017-2018 Regular Sessions I N A S S E M B L Y March 7, 2017 ___________ Introduced by M. of A. MAGNARELLI -- read once and referred to the Committee on Judiciary AN ACT to amend the civil practice law and rules, in relation to the disclosure of medical records in third party medical malpractice actions THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The civil practice law and rules is amended by adding a new section 4549 to read as follows: § 4549. DISCLOSURE OF MEDICAL RECORDS IN THIRD PARTY MEDICAL MALPRAC- TICE ACTION. 1. IN MEDICAL MALPRACTICE ACTIONS WHERE THE PLAINTIFF IS NOT THE PATIENT OF THE DEFENDANT AND THE ALLEGED MALPRACTICE IS THE RESULT OF THE DEFENDANT'S TREATMENT OR CARE OF A NON-PARTY, THE DEFEND- ANT MAY MAKE A MOTION TO THE COURT TO COMPEL THE NON-PARTY PATIENT, NOTWITHSTANDING ANY STATE OR FEDERAL PRIVACY LAWS TO THE CONTRARY, TO WAIVE THE PRIVILEGE IN ORDER TO OBTAIN DISCLOSURE OF MEDICAL RECORDS RELEVANT TO THE LITIGATION OR PERMIT THE DEFENDANT TO TESTIFY ABOUT HIS OR HER INTERACTIONS WITH THE NON-PARTY PATIENT. THE COURT SHALL GRANT A WAIVER OF THE PRIVILEGE IF: (A) THE DEFENDANT CAN SHOW THAT THE NON-PARTY PATIENT HAS FAILED TO WAIVE THE PRIVILEGE AFTER A GOOD FAITH EFFORT BY THE DEFENDANT WAS MADE TO OBTAIN THE WAIVER; AND (B) THE RECORD OR TESTIMONY DEMONSTRATES THAT THE REQUESTED INFORMA- TION AND/OR RECORDS MAY PROVIDE A DEFENSE TO THE ACTION. 2. IN THE INTEREST OF CONFIDENTIALITY, THE JUDGE MAY ORDER THAT THE HEARING BE HELD IN CAMERA. THE JUDGE MAY ALSO LIMIT THE SCOPE OF ANY DISCLOSURE ORDER TO ONLY MEDICAL INFORMATION THAT IS RELEVANT TO THE PENDING ACTION. § 2. This act shall take effect on the ninetieth day after it shall have become a law. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD10199-03-7
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