What's happening
The bill prohibits parties in personal injury, malpractice, or wrongful death cases from conducting ex-parte interviews with another party's treating healthcare providers, except for the patient's own attorney.
Why it matters
Strengthens patient privacy. By banning ex-parte interviews (private conversations without the patient or their attorney present) between opposing parties and a patient's healthcare providers, the bill aims to better protect sensitive medical information from being accessed or discussed without oversight.
Shifts discovery dynamics in litigation. The restriction changes how evidence is gathered in personal injury, malpractice, and wrongful death lawsuits, potentially making it harder for defense attorneys to obtain informal insights or admissions from medical professionals treating the opposing party.
Empowers patients and their legal representatives. Only the patient’s own legal team retains the ability to conduct ex-parte interviews, which may help ensure that the patient’s narrative and confidentiality are prioritized during litigation.
Potentially impacts case preparation and costs. By limiting direct access to treating providers, parties may need to rely more on formal depositions and written records, possibly increasing the cost, formality, and complexity of pre-trial discovery.
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Who cares
Headline styles
Limit Patient Record Interviews
Plain English, a few words. Used as the page title.
Sponsors
2 Co-sponsors
History
- Advanced to third reading cal.702
- Reported
- Reported referred to codes
- Referred to judiciary
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
9030
IN ASSEMBLY
January 12, 2018
Introduced by M. of A. DINOWITZ -- read once and referred to the Committee on Judiciary
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.