What's happening
This bill allows courts to compel disclosure of non-party patient medical records in certain third-party medical malpractice cases.
Why it matters
Balancing patient privacy and legal defense. The bill allows courts to override state and federal medical privacy laws in limited circumstances, potentially affecting how confidential patient information is protected versus the legal rights of malpractice defendants.
Procedural safeguards. Before a court can compel disclosure, the defendant must show they tried in good faith to get the patient’s consent and that the information could offer a legitimate defense—aiming to prevent unnecessary invasions of privacy.
Judicial oversight and confidentiality. Judges are empowered to hold private (in camera) hearings and restrict disclosure only to information directly relevant to the case, providing some protection to non-party patients whose records are at issue.
Implications for non-parties. Patients not involved in the lawsuit could have their medical records disclosed in court, potentially affecting their trust in medical confidentiality and raising questions about consent and patient rights.
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
Allow Malpractice Record Disclosure
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to judiciary
- Referred to judiciary
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
6479
2017-2018 Regular Sessions
IN ASSEMBLY
March 7, 2017
Introduced by M. of A. MAGNARELLI -- read once and referred to the Committee on Judiciary
AN ACT to amend the civil practice law and rules, in relation to the disclosure of medical records in third party medical malpractice actions
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The civil practice law and rules is amended by adding a new section 4549 to read as follows:
§ 4549. Disclosure of medical records in third party medical malpractice action. 1. In medical malpractice actions where the plaintiff is not the patient of the defendant and the alleged malpractice is the result of the defendant's treatment or care of a non-party, the defendant may make a motion to the court to compel the non-party patient, notwithstanding any state or federal privacy laws to the contrary, to waive the privilege in order to obtain disclosure of medical records relevant to the litigation or permit the defendant to testify about his or her interactions with the non-party patient. The court shall grant a waiver of the privilege if:
(a) The defendant can show that the non-party patient has failed to waive the privilege after a good faith effort by the defendant was made to obtain the waiver; and
(b) The record or testimony demonstrates that the requested information and/or records may provide a defense to the action.
2. In the interest of confidentiality, the judge may order that the hearing be held in camera. The judge may also limit the scope of any disclosure order to only medical information that is relevant to the pending action.
§ 2. This act shall take effect on the ninetieth day after it shall have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10199-03-7
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.