Bill Text: NY A01749 | 2009-2010 | General Assembly | Introduced

New York Assembly Bill 1749 (Prior Session Legislation)

Introduced

Bill Title: An act to amend the civil practice law and rules, in relation to disclosure of medical records and clinical records

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2010-01-06 - referred to codes [A01749 Detail]

Download: New_York-2009-A01749-Introduced.html

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         1749
                              2009-2010 Regular Sessions
                                 I N  A S S E M B L Y
                                    January 9, 2009
                                      ___________
       Introduced by M. of A. GOTTFRIED -- Multi-Sponsored by -- M. of A. HOOP-
         ER -- read once and referred to the Committee on Codes
       AN ACT to amend the civil practice law and rules, in relation to disclo-
         sure of medical records and clinical records
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Subdivision (d) of rule 3122 of the civil practice law  and
    2  rules,  as  added by chapter 575 of the laws of 2002, is amended to read
    3  as follows:
    4    (d) Unless the subpoena duces tecum directs the production of original
    5  documents for inspection and copying at the place where such  items  are
    6  usually  maintained,  it  shall be sufficient for the custodian or other
    7  qualified person to deliver complete and accurate copies of the items to
    8  be produced. The reasonable production expenses of a  non-party  witness
    9  shall  be  defrayed by the party seeking discovery. THE CHARGES AND FEES
   10  AUTHORIZED BY SUBDIVISION TWO OF SECTION EIGHTEEN OF THE  PUBLIC  HEALTH
   11  LAW  AND PARAGRAPH SIX OF SUBDIVISION (B) OF SECTION 33.16 OF THE MENTAL
   12  HYGIENE LAW, RELATIVE TO REQUESTS FOR INSPECTIONS AND COPYING OF MEDICAL
   13  RECORDS SHALL  BE  DEEMED  TO  BE  REASONABLE  PRODUCTION  EXPENSES  FOR
   14  PURPOSES OF THIS SUBDIVISION.
   15    S  2.  Subdivision  (a)  of section 2303 of the civil practice law and
   16  rules, as amended by chapter 26 of the laws of 2004, is amended to  read
   17  as follows:
   18    (a) A subpoena requiring attendance or a subpoena duces tecum shall be
   19  served  in  the  same  manner as a summons, except that where service of
   20  such a subpoena is made pursuant to subdivision two or four  of  section
   21  three  hundred  eight  of  this  chapter, the filing of proof of service
   22  shall not be required and service shall  be  deemed  complete  upon  the
   23  later  of the delivering or mailing of the subpoena, if made pursuant to
   24  subdivision two of section three hundred eight of this chapter, or  upon
   25  the  later  of the affixing or mailing of the subpoena, if made pursuant
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD00778-01-9
       A. 1749                             2
    1  to subdivision four of section three hundred eight of this chapter.  Any
    2  person  subpoenaed shall be paid or tendered in advance authorized trav-
    3  eling expenses and one day's witness fee. ANY NON-PARTY WITNESS REQUIRED
    4  TO  PRODUCE  MEDICAL RECORDS IN ORDER TO COMPLY WITH A SUBPOENA SHALL BE
    5  ENTITLED TO RECEIVE FROM THE PARTY SEEKING  DISCOVERY  THE  CHARGES  AND
    6  FEES  AUTHORIZED  BY  SUBDIVISION  TWO OF SECTION EIGHTEEN OF THE PUBLIC
    7  HEALTH LAW OR PARAGRAPH SIX OF SUBDIVISION (B) OF SECTION 33.16  OF  THE
    8  MENTAL  HYGIENE LAW, RELATIVE TO REQUESTS FOR INSPECTIONS AND COPYING OF
    9  MEDICAL RECORDS. A copy of any subpoena duces tecum served in a  pending
   10  civil  judicial proceeding shall also be served, in the manner set forth
   11  in rule twenty-one hundred three of this chapter, on each party who  has
   12  appeared in the civil judicial proceeding so that it is received by such
   13  parties  promptly after service on the witness and before the production
   14  of books, papers or other things.
   15    S 3. Subdivision (c) of section 8001 of the  civil  practice  law  and
   16  rules is amended to read as follows:
   17    (c)  Transcripts  of records. Wherever the preparation of a transcript
   18  of records is required in order to comply with a  subpoena,  the  person
   19  subpoenaed  shall  receive an additional fee of ten cents per folio upon
   20  demand. THIS SUBDIVISION SHALL NOT APPLY TO REIMBURSEMENT FOR COMPLIANCE
   21  WITH A SUBPOENA SEEKING THE PRODUCTION OF  FULL  SIZED  LEGIBLE  REPROD-
   22  UCTIONS  OF RECORDS RELATING TO THE CONDITION OR TREATMENT OF A PATIENT.
   23  REIMBURSEMENT FOR COMPLIANCE WITH SUCH A SUBPOENA SHALL BE IN ACCORDANCE
   24  WITH SECTION TWENTY-THREE HUNDRED THREE OR RULE THIRTY-ONE HUNDRED TWEN-
   25  TY-TWO OF THIS CHAPTER.
   26    S 4. This act shall take effect on the sixtieth  day  after  it  shall
   27  have become a law.