NY State Senate Bill 2017-S3132

Senate Bill S3132

2017-2018 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

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Archive: Last Bill Status - In Senate Committee Judiciary 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 03, 2018	referred to judiciary
Jan 19, 2017	referred to judiciary

co-Sponsors

2017-S3132 (ACTIVE) - Details

Current Committee:: Senate Judiciary
Law Section:: Civil Practice Law and Rules
Laws Affected:: Amd §3126, CPLR
Versions Introduced in Other Legislative Sessions:: 2009-2010: S6131
2011-2012: S2531
2013-2014: S600
2015-2016: S2474
2019-2020: S293
2021-2022: S163
2023-2024: S152

2017-S3132 (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.

2017-S3132 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S3132

 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 OR GENERAL IDEA OF THE BILL :

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 SPECIFIC PROVISIONS :

Adds a new paragraph (b) 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, this bill
sends a clear and unequivocal message to all medical, non-medical and
administrative personnel that such egregious, fraudulent behavior will
not be tolerated.

 PRIOR LEGISLATIVE HISTORY :

2016: Died in Judiciary
2015: Died in Judiciary
2014: Senate Bill 600 (Gianaris) - Died in Senate Judiciary Committee
2012: Senate Bill 2531 (Gianaris)- Died in Senate Judiciary Committee
2012: Assembly Bill 4868 (Simotas)- Died in Assembly Codes Committee
2010: Senate Bill 6131 (Schneiderman)- Died in Senate Codes Committee
2010: Assembly Bill 5239 (Gianaris)- Died in Assembly Codes Committee

 FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENT :

None.
 EFFECTIVE DATE :
This act shall take effect immediately and shall apply to any
intentional destruction, mutilation or significant alteration of a
medical record on or after such date.

2017-S3132 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3132
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 19, 2017
                                ___________
 
 Introduced by Sens. GIANARIS, KRUEGER -- read twice and ordered printed,
   and when printed to be committed to the Committee on Judiciary
 
 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:
   §  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.
                                                            LBD07043-01-7

 S. 3132                             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.
   §  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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Senate Bill S3132

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Sponsored By

Michael Gianaris