Bill Text: NY S04759 | 2019-2020 | General Assembly | Amended

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Bill Title: Permits a grand jury to inspect medical records pursuant to subpoena duces tecum powers and requires the disclosure of information when a crime is committed against a patient.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed - Dead) 2020-07-21 - referred to judiciary [S04759 Detail]

Download: New_York-2019-S04759-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         4759--C

                               2019-2020 Regular Sessions

                    IN SENATE

                                     March 25, 2019
                                       ___________

        Introduced  by Sen. KAMINSKY -- read twice and ordered printed, and when
          printed to be committed to the Committee  on  Judiciary  --  committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to  said  committee  --  recommitted  to the Committee on Judiciary in
          accordance with Senate Rule 6, sec. 8 --  committee  discharged,  bill
          amended,  ordered reprinted as amended and recommitted to said commit-
          tee --  committee  discharged,  bill  amended,  ordered  reprinted  as
          amended and recommitted to said committee

        AN ACT to amend the civil practice law and rules, in relation to permit-
          ting  grand  jury  inspection  of medical records pursuant to subpoena
          duces tecum powers

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  Paragraph  2 of subdivision (a) of rule 3122 of the civil
     2  practice law and rules, as added by chapter 307 of the laws of 2011,  is
     3  amended to read as follows:
     4    2. A medical provider served with a subpoena duces tecum, other than a
     5  trial  subpoena  issued  by  a court or a subpoena issued on behalf of a
     6  grand jury and subscribed by a magistrate from the court which empaneled
     7  said grand jury,  requesting  the  production  of  a  patient's  medical
     8  records pursuant to this rule need not respond or object to the subpoena
     9  if  the  subpoena  is  not accompanied by a written authorization by the
    10  patient. Any subpoena served upon  a  medical  provider  requesting  the
    11  medical  records of a patient shall state in conspicuous bold-faced type
    12  that the records shall not be provided unless (i) the subpoena is accom-
    13  panied by a written authorization by the patient, [or]  (ii)  the  court
    14  has  issued  the  subpoena  or  otherwise directed the production of the
    15  documents, or (iii) a magistrate from the court which empaneled a  grand
    16  jury has subscribed the subpoena issued on behalf of the grand jury.
    17    §  2.  Section  4504 of the civil practice law and rules is amended by
    18  adding a new subdivision (b-1) to read as follows:

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08333-06-0
        S. 4759--C                          2

     1    (b-1)  Crime  committed  against  patient;  generally.  A   physician,
     2  dentist,  podiatrist,  chiropractor,  nurse, as well as the entities and
     3  organizations included in subdivision (a)  of  this  section,  shall  be
     4  required  to  disclose  information  regarding  a patient who has been a
     5  victim  of  a  crime and directly pertaining to such crime as reasonably
     6  specified in: (i) a trial subpoena issued by a court; or (ii) a subpoena
     7  issued on behalf of a grand jury and subscribed by a magistrate from the
     8  court which empaneled said grand jury.
     9    § 3. Severability clause. If any clause, sentence, paragraph, subdivi-
    10  sion, section or part of this act shall be  adjudged  by  any  court  of
    11  competent  jurisdiction  to  be invalid, such judgment shall not affect,
    12  impair, or invalidate the remainder thereof, but shall  be  confined  in
    13  its  operation  to the clause, sentence, paragraph, subdivision, section
    14  or part thereof directly involved in the controversy in which such judg-
    15  ment shall have been rendered. It is hereby declared to be the intent of
    16  the legislature that this act would  have  been  enacted  even  if  such
    17  invalid provisions had not been included herein.
    18    § 4. This act shall take effect on the first of November next succeed-
    19  ing the date on which it shall have become a law.