What's happening
This bill prohibits ex-parte interviews with a patient's treating physicians or health care providers in certain legal cases, except by the patient's own representatives.
Why it matters
Strengthens patient privacy. By prohibiting ex-parte (one-sided, off-the-record) interviews with treating medical providers, except by the patient’s own legal representatives, the bill aims to protect sensitive health information from being accessed or discussed by opposing parties without the patient’s knowledge or consent.
Limits opposing parties’ legal strategies. Defense attorneys, insurance companies, or other parties in personal injury and malpractice cases will no longer be able to gather informal or potentially prejudicial information from a patient’s health care providers outside of formal discovery channels, shifting more information-gathering to depositions and official procedures.
Empowers patients and their advocates. Patients (or their legal representatives) retain the right to speak privately with their own doctors about the case, ensuring they can prepare their side of the case fully while minimizing the risk of strategic or coercive communication by opposing parties.
Could affect the pace and expense of litigation. By restricting informal interviews, the bill may result in more formal depositions, potentially increasing the time and cost involved in gathering evidence, but also enhancing the transparency and fairness of the process.
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Who cares
Headline styles
Ban Secret Doctor Interviews
Plain English, a few words. Used as the page title.
Sponsors
History
- Ordered to third reading cal.101
- Advanced to third reading cal.229
- 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.
Limit Access to Patient Records
In Senate Committee · Judiciary · Sponsor Kevin S. Parker
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
2370
2019-2020 Regular Sessions
IN ASSEMBLY
January 22, 2019
Introduced by M. of A. DINOWITZ, WEPRIN, MOSLEY -- 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.
LBD01266-01-9
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.