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

1 Co-sponsor

• Liz Krueger

BILL NUMBER:S2474

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 or general idea of the bill

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 specific provisions

Adds a new paragraph (b) 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 prop- er 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 malp- ractice 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, this bill sends a clear and unequivocal message to all medical, non-medical and administrative personnel that such egregious, fraudulent behavior will not be tolerated.

Prior legislative history

2014: Senate Bill #600 (Gianaris) - Died in Senate Judiciary Committee 2012: Senate Bill #2531 (Gianaris)- Died in Senate Judiciary Committee 2012: Assembly Bill #4868 (Simotas)- Died in Assembly Codes Committee 2010: Senate Bill #6131 (Schneiderman)- Died in Senate Codes Committee

2010: Assembly Bill #5239 (Gianaris)- Died in Assembly Codes Committee

Fiscal implications for state and local government

None.

Effective date

This act shall take effect immediately and shall apply to any intentional destruction, mutilation or significant alteration of a medical record on or after such date.