What's happening
Writing a plain-English summary… Track this bill to get it by email.
Why it matters
Albany, before your first meeting.
Every bill that moved yesterday, summarized in a sentence and ranked by impact. The Albany Scorecard follows on Sundays.
Free. Unsubscribe in one click. Want alerts on specific bills? Create an account.
Who cares
Headline styles
Sponsors
No co-sponsors yet.
History
- Referred to codes
- Referred to rules
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Establishes a penalty and cause of action for intentional destruction of medical records by a party to a medical malpractice action, or by an agent thereof
In Assembly Committee · Codes · Sponsor Michael Gianaris
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
Title of bill
An act to amend the civil practice law and rules, in relation to establishing a penalty and cause of action for the intentional destruction, mutilation or significant alteration of certain medical records
Purpose
To deter fraud by providing that any party, or person who at the time that an action for medical malpractice is commenced is an officer, director, member, employee or agent of a party or otherwise under the party's control, who intentionally destroys, mutilates or significantly alters any medical records shall be subject to a civil penalty of not less than $1,000 for each violation. To provide an individual who is injured as a result of the destruction, mutilation or alteration the ability to bring an action and hold the responsible parties accountable.
Summary of provisions
Adds a new undesignated paragraph to section 3126 of the civil practice law and rules stating that any party, or person who is an officer, director, member, employee or agent of a party, or otherwise under the parties' control at the time that an action for medical malpractice is commenced, who intentionally destroys, mutilates or significantly alters any medical records shall be subject to a penalty of between $1,000 and $10,000 per violation. Also states that any person who has been injured as a result of the destruction, mutilation or alteration may bring an action against the party and/or person responsible to recover damages if such destruction made it impossible or significantly impeded the plaintiff's ability to prove his or her initial claim. A judge may also strike an offending party's pleadings and render a judgment by default against the offending party if the affected records are crucial to a determination on the issue of liability.
Justification
This bill helps to protect patients and promote accountability for proper medical care by establishing penalties for the intentional destruction, mutilation or alteration of medical records. The destruction and alteration of medical records to cover up alleged malpractice can have severe consequences for the victim, who may not be able to prove his or her claim without the vital information contained within those records. By creating a private right of action for the person who has been injured by such destruction against those who are responsible individuals, this bill sends a clear and unequivocal message to all medical, nonmedical and administrative personnel that such egregious; fraudulent behavior will not be tolerated.
Legislative history
Senate: 2005-2006 Referred to Codes
Assembly: 2007-2008 Advanced to Third Reading Cal. 695
Fiscal implications
None.
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.