Bill Text: NY A06479 | 2017-2018 | General Assembly | Introduced

New York Assembly Bill 6479 (Prior Session Legislation)

Introduced

Bill Title: 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.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2018-01-03 - referred to judiciary [A06479 Detail]

Download: New_York-2017-A06479-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________
                                          6479
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                      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:
     1    Section 1. The civil practice law and rules is amended by adding a new
     2  section 4549 to read as follows:
     3    §  4549. Disclosure of medical records in third party medical malprac-
     4  tice action. 1. In medical malpractice actions where  the  plaintiff  is
     5  not  the  patient  of  the  defendant and the alleged malpractice is the
     6  result of the defendant's treatment or care of a non-party, the  defend-
     7  ant  may  make  a  motion  to the court to compel the non-party patient,
     8  notwithstanding any state or federal privacy laws to  the  contrary,  to
     9  waive  the  privilege  in  order to obtain disclosure of medical records
    10  relevant to the litigation or permit the defendant to testify about  his
    11  or her interactions with the non-party patient.  The court shall grant a
    12  waiver of the privilege if:
    13    (a)  The  defendant  can show that the non-party patient has failed to
    14  waive the privilege after a good faith effort by the defendant was  made
    15  to obtain the waiver; and
    16    (b)  The  record or testimony demonstrates that the requested informa-
    17  tion and/or records may provide a defense to the action.
    18    2. In the interest of confidentiality, the judge may  order  that  the
    19  hearing  be  held in camera.   The judge may also limit the scope of any
    20  disclosure order to only medical information that  is  relevant  to  the
    21  pending action.
    22    §  2.  This  act shall take effect on the ninetieth day after it shall
    23  have become a law.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10199-03-7