Assembly Bill A7675

2021-2022 Legislative Session

Relates to discovery of the plaintiff's medical records in a personal injury action

download bill text pdf

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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

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2021-A7675 (ACTIVE) - Details

Current Committee:
Assembly Judiciary
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd §3101, CPLR

2021-A7675 (ACTIVE) - Summary

Relates to discovery of the plaintiff's medical records in a personal injury action; provides that medical records are material and necessary to the defense of a personal injury action if they reasonably relate to the injuries or limitations claimed by the plaintiff in the action.

2021-A7675 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7675
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 19, 2021
                                ___________
 
 Introduced  by  M.  of  A.  LAVINE -- (at request of the Office of Court
   Administration) -- read once and referred to the Committee on  Judici-
   ary
 
 AN ACT to amend the civil practice law and rules, in relation to discov-
   ery of the plaintiff's medical records in a personal injury action

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 3101 of the civil practice law and rules is amended
 by adding a new subdivision (j) to read as follows:
   (J) MEDICAL RECORDS IN PERSONAL INJURY ACTIONS. 1. MEDICAL RECORDS ARE
 MATERIAL AND NECESSARY TO THE DEFENSE OF A  PERSONAL  INJURY  ACTION  IF
 THEY  REASONABLY  RELATE  TO  THE INJURIES OR LIMITATIONS CLAIMED BY THE
 PLAINTIFF IN THE ACTION. A PERSON WHO COMMENCES A PERSONAL INJURY ACTION
 WAIVES HIS OR HER PRIVILEGE UNDER SECTIONS FOUR  THOUSAND  FIVE  HUNDRED
 FOUR,  FOUR  THOUSAND  FIVE HUNDRED SEVEN AND FOUR THOUSAND FIVE HUNDRED
 EIGHT OF THIS CHAPTER REGARDING MEDICAL RECORDS, BUT ONLY  WITH  RESPECT
 TO  THOSE  MEDICAL  RECORDS  SHOWN  TO  BE MATERIAL AND NECESSARY TO THE
 DEFENSE OF SUCH ACTION. A CLAIM BY THE PLAINTIFF OF LOSS OF ENJOYMENT OF
 LIFE OR EMOTIONAL INJURY SHALL NOT  OF  ITSELF  RENDER  THE  PLAINTIFF'S
 ENTIRE  MEDICAL  HISTORY  MATERIAL  AND  NECESSARY  TO THE DEFENSE OF AN
 ACTION, BUT SUCH CLAIMS SHALL BE CONSIDERED IN ASSESSING WHETHER, OR  TO
 WHAT  EXTENT,  THE RECORDS SOUGHT FOR THE DEFENSE OF SUCH ACTION REASON-
 ABLY RELATE TO THE INJURIES AND LIMITATIONS CLAIMED BY THE PLAINTIFF.
   2. A PARTY SEEKING DISCLOSURE OF ANOTHER PARTY'S MEDICAL RECORDS BEARS
 THE BURDEN OF ESTABLISHING PRIMA FACIE EVIDENCE THAT THE RECORDS  SOUGHT
 ARE MATERIAL AND NECESSARY FOR THE DEFENSE OF THE PLAINTIFF'S CLAIMS. IF
 THE  PARTY SEEKING DISCLOSURE ESTABLISHES SUCH PRIMA FACIE EVIDENCE, THE
 PARTY SEEKING TO WITHHOLD MEDICAL RECORDS SUBJECT TO DISCLOSURE MAY SEEK
 A PROTECTIVE ORDER PURSUANT TO SUBDIVISION (A) OF SECTION THREE THOUSAND
 ONE HUNDRED THREE OF THIS ARTICLE AND SHALL BEAR THE  BURDEN  OF  ESTAB-
 LISHING WHY SUCH RECORDS SHALL NOT BE DISCLOSED.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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