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

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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--B

                               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

        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 by a  grand  jury,
     6  requesting  the  production  of  a patient's medical records pursuant to
     7  this rule need not respond or object to the subpoena if the subpoena  is
     8  not  accompanied by a written authorization by the patient. Any subpoena
     9  served upon a medical provider  requesting  the  medical  records  of  a
    10  patient  shall  state  in  conspicuous  bold-faced type that the records
    11  shall not be provided unless (i) the subpoena is accompanied by a  writ-
    12  ten  authorization  by  the  patient, [or] (ii) the court has issued the
    13  subpoena or otherwise directed the production of the documents, or (iii)
    14  a magistrate from the court which empaneled a grand jury has issued  the
    15  subpoena or otherwise directed the production of the documents.
    16    §  2.  Section  4504 of the civil practice law and rules is amended by
    17  adding a new subdivision (b-1) to read as follows:
    18    (b-1)  Crime  committed  against  patient;  generally.  A   physician,
    19  dentist,  podiatrist,  chiropractor,  nurse, as well as the entities and

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08333-04-0
        S. 4759--B                          2

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