Relates to out of state hospital records produced pursuant to subpoena

Title of bill

An act to amend the civil practice law and rules, in relation to out of state hospital records produced pursuant to subpoena

Purpose of bill

The bill would amend the Civil Practice Law and Rules to simplify the procedures by which hospital records located outside of New York State may be admitted into evidence in civil actions.

Summary of provisions

Subdivision (c) of Rule 4518 of the civil practice law and rules is amended by this bill, admissible as evidence in civil actions if the records are certified or authenticated by the head of the hospital, laboratory, department or bureau of a municipal corporation or of the state, or by an employee delegated for that purpose or by a qualified physician.

Justification

In many kinds of litigation hospital records provide crucial evidence, either of the harm suffered by the plaintiff or of the events in dispute. Under existing law, hospital records are admissible into evidence if either the custodian of the records testifies in court as to certain specific foundational facts indicating the records' authenticity and reliability, or if the custodian provides a written certification setting forth the same foundational requirements.

For a custodian of hospital records located outside of New York, providing oral testimony can be difficult or impossible. Parties to litigation therefore rely on written certification to allow records to be brought into evidence. However, obtaining a written certification that meets New York's specific procedural requirements can be problematic, particularly if a custodian of those records is unfamiliar with New York rules.

This bill will ease these procedural difficulties for all parties to litigation by allowing hospital records located outside New York to be certified in accordance with either the existing New York rules, or the rules of the jurisdiction where the records are located and that a custodian of records is likely to understand and comply with routinely.

Existing New York Statutes, including but not limited to CPLR 4543, 3122 and 3122-a provide an instructive framework for these procedures.

Legislative history

(2013-14) A09858-A - Referred to Judiciary

Fiscal implications for state and local governments

None.

Effective date

Immediately.