S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7976
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              April 16, 2025
                                ___________
 
 Introduced  by  M.  of  A.  P. CARROLL  -- read once and referred 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; and
   requires disclosure of metadata, audit trail, and  log-in  information
   associated with electronic medical records in certain actions
 
   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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01800-01-5
 A. 7976                             2
              

 
 or  any  part  thereof,  or  rendering a judgment by default against the
 disobedient party.
   (B)  IF  ANY PARTY TO A MEDICAL MALPRACTICE ACTION, OR A PERSON WHO IS
 OR WAS 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,  INCLUDING  ANY  METADATA,
 AUDIT  TRAIL  OR  LOG-IN  INFORMATION  ASSOCIATED  WITH  ANY  ELECTRONIC
 RECORDS, THE PARTY OR PERSON SHALL BE SUBJECT TO A CIVIL PENALTY OF  NOT
 LESS THAN ONE THOUSAND DOLLARS FOR EACH SUCH ACT, AS WELL AS COMPENSATO-
 RY AND PUNITIVE DAMAGES.
   (C)  ANY  PERSON  WHO  HAS  BEEN  INJURED  BECAUSE  OF THE INTENTIONAL
 DESTRUCTION, MUTILATION OR SIGNIFICANT ALTERATION OF A  MEDICAL  RECORD,
 INCLUDING  ANY  METADATA,  AUDIT  TRAIL OR LOG-IN INFORMATION ASSOCIATED
 WITH ANY ELECTRONIC RECORDS,  SHALL  HAVE  A  PRIVATE  RIGHT  OF  ACTION
 AGAINST  THE  PERSON  OR  ENTITY RESPONSIBLE THEREFOR TO RECOVER DAMAGES
 WHERE SUCH DESTRUCTION, MUTILATION OR SIGNIFICANT  ALTERATION  PREVENTED
 OR  SIGNIFICANTLY  IMPEDED THE ABILITY OF THE PERSON SO INJURED TO PROVE
 SUCH PERSON'S CLAIM.
   (D) THE PROVISIONS OF THIS SECTION ARE IN ADDITION TO, BUT  SHALL  NOT
 SUPERSEDE, ANY OTHER RIGHTS OR REMEDIES AVAILABLE IN LAW OR EQUITY.
   §  2.  Section  3101 of the civil practice law and rules is amended by
 adding a new subdivision (j) to read as follows:
   (J) IN ADDITION TO ANY OTHER MATTER WHICH MAY BE  SUBJECT  TO  DISCLO-
 SURE,  A HEALTHCARE PROVIDER MUST PRODUCE ANY METADATA, AUDIT TRAIL, AND
 LOG-IN INFORMATION ASSOCIATED WITH ANY ELECTRONIC MEDICAL RECORDS OF THE
 PERSON WHOSE CARE OR TREATMENT IS THE SUBJECT OF THE ACTION.
   § 3. 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.