What's happening
The bill prohibits parties in personal injury or malpractice cases from conducting ex-parte interviews with another party's healthcare providers, except for the patient's own representatives.
Why it matters
Strengthens patient privacy. by sharply limiting the ability of opposing parties to privately access or influence a patient's healthcare providers in litigation, reducing risks of sensitive information being disclosed or used outside formal legal procedures.
Levels the playing field in lawsuits. by ensuring that all parties must seek information about a plaintiff’s medical condition through official discovery channels (like depositions), where the patient and their legal team can participate and object, rather than through private, unregulated interviews.
Reduces potential for intimidation or undue influence. of treating physicians or healthcare providers by outside parties, which can help preserve the integrity and neutrality of medical testimony in court.
Responds to concerns from patient advocates. that ex-parte interviews can undermine trust in the doctor-patient relationship and may discourage patients from being fully candid with their healthcare providers, especially in anticipation of or during litigation.
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Who cares
Headline styles
Block Unauthorized Doctor Interviews
Plain English, a few words. Used as the page title.
Sponsors
2 Co-sponsors
2 Multi-sponsors
History
- Enacting clause stricken
- Committed to codes
- Ordered to third reading cal.104
- Advanced to third reading cal.487
- Reported
- Referred to codes
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.
Ban Unauthorized Doctor Interviews
In Senate Committee · Judiciary · Sponsor John A. DeFrancisco
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1404
2017-2018 Regular Sessions
IN ASSEMBLY
January 12, 2017
Introduced by M. of A. WEINSTEIN, ABINANTI, COLTON -- Multi-Sponsored by -- M. of A. CAHILL, GOTTFRIED -- read once and referred to the Committee on Codes
AN ACT to amend the civil practice law and rules, in relation to enacting the "patient privacy protection act"
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Short title. This act shall be known and may be cited as the "patient privacy protection act".
§ 2. Section 3102 of the civil practice law and rules is amended by adding a new subdivision (c-1) to read as follows:
(c-1) Ex-parte interviews. In any action involving personal injury, medical, dental or podiatric malpractice, or wrongful death, no party or anyone acting on behalf of a party may either directly or indirectly conduct ex-parte interviews with the treating physicians or other health care providers of any other party. Nothing in this subdivision shall prohibit an attorney or the agent or employee of an attorney who represents the patient, the estate of the patient, or the natural or duly appointed guardian of the patient whose condition is at issue in the action from conducting ex-parte conversations with a treating physician or other health care provider of the patient.
§ 3. This act shall take effect on the thirtieth day after it shall have become a law and shall apply to all actions involving personal injury, medical, dental or podiatric malpractice, or wrongful death filed on and after such date and to all such actions pending on such effective date except as to conduct prohibited by section two of this act which occurred prior to such effective date.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02829-01-7
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.