What's happening
This bill allows grand juries to subpoena medical records of crime victims with a magistrate's approval, overriding patient confidentiality.
Why it matters
Expands law enforcement access. This bill enables grand juries investigating crimes to obtain medical records of crime victims without the victim’s consent, provided a magistrate signs off, potentially increasing the scope of evidence available for criminal prosecutions.
Overrides medical confidentiality. By creating an exception to doctor-patient privilege, the bill could affect the willingness of crime victims to seek medical care or be fully candid with providers, knowing their records might be accessed without their permission.
Adds judicial oversight. While bypassing patient consent, the requirement that a magistrate must approve grand jury subpoenas introduces a check intended to prevent fishing expeditions or unnecessary invasions of privacy, balancing prosecution needs with some privacy protections.
Impacts victim privacy and trust. The amendment may have broader implications for victim privacy rights and could influence the relationship between patients and healthcare professionals, especially in sensitive cases involving trauma or stigmatized crimes.
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Who cares
Headline styles
Let Grand Juries See Medical Records
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to judiciary
- Delivered to assembly
- Passed senateVote 50–10
- Advanced to third reading
- 2nd report cal.
- 1st report cal.455
- Print number 4759c
- Amend and recommit to judiciary
- Print number 4759b
- Amend and recommit to judiciary
- Referred to judiciary
- Returned to senate
Show 10 earlier actions
- Died in assembly
- Referred to judiciary
- Delivered to assembly
- Passed senateVote 51–11
- Advanced to third reading
- 2nd report cal.
- 1st report cal.1065
- Print number 4759a
- Amend and recommit to judiciary
- 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.
Allow Grand Jury Medical Record Access
In Assembly Committee · Judiciary · Sponsor Steve Stern
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
4759--C
2019-2020 Regular Sessions
IN SENATE
March 25, 2019
Introduced by Sen. KAMINSKY -- read twice and ordered printed, and when printed to be committed to the Committee on Judiciary -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- recommitted to the Committee on Judiciary in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee
AN ACT to amend the civil practice law and rules, in relation to permitting grand jury inspection of medical records pursuant to subpoena duces tecum powers
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Paragraph 2 of subdivision (a) of rule 3122 of the civil practice law and rules, as added by chapter 307 of the laws of 2011, is amended to read as follows:
2. A medical provider served with a subpoena duces tecum, other than a trial subpoena issued by a court or a subpoena issued on behalf of a grand jury and subscribed by a magistrate from the court which empaneled said grand jury, requesting the production of a patient's medical records pursuant to this rule need not respond or object to the subpoena if the subpoena is not accompanied by a written authorization by the patient. Any subpoena served upon a medical provider requesting the medical records of a patient shall state in conspicuous bold-faced type that the records shall not be provided unless (i) the subpoena is accompanied by a written authorization by the patient, [or] (ii) the court has issued the subpoena or otherwise directed the production of the documents, or (iii) a magistrate from the court which empaneled a grand jury has subscribed the subpoena issued on behalf of the grand jury.
§ 2. Section 4504 of the civil practice law and rules is amended by adding a new subdivision (b-1) to read as follows:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08333-06-0
S. 4759--C 2
(b-1) Crime committed against patient; generally. A physician, dentist, podiatrist, chiropractor, nurse, as well as the entities and organizations included in subdivision (a) of this section, shall be required to disclose information regarding a patient who has been a victim of a crime and directly pertaining to such crime as reasonably specified in: (i) a trial subpoena issued by a court; or (ii) a subpoena issued on behalf of a grand jury and subscribed by a magistrate from the court which empaneled said grand jury.
§ 3. Severability clause. If any clause, sentence, paragraph, subdivision, section or part of this act shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, section or part thereof directly involved in the controversy in which such judgment shall have been rendered. It is hereby declared to be the intent of the legislature that this act would have been enacted even if such invalid provisions had not been included herein.
§ 4. This act shall take effect on the first of November next succeeding the date on which it shall have become a law.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the civil practice law and rules, in relation to permit- ting grand jury inspection of medical records pursuant to subpoena duces tecum powers
Purpose
This legislation would amend the Civil Practice Law and Rules to permit grand jury inspection of medical records pursuant to subpoena duces tecum powers.
Summary of provisions
Section 1: Amends Rule 3122(2)(a) of the CPLR to include a subpoena issued on behalf of a grand jury.
Section 2: Adds a new subdivision to CPLR Section 4504 to provide that a physician, dentist, podiatrist, chiropractor, nurse, and other entities must disclose information regarding a patient who has been a victim of a crime and directly pertaining to such crime in response to a trial subpoena or a subpoena issued on behalf of a grand jury.
Section 3: Severability clause
Section 4: Effective Date
Justification
In 2011, the Office of Court Administration's Advisory Committee on Civil Practice drafted legislation to clarify that trial subpoenas were able to pierce the physician-patient privilege. The legislation was drafted in response to a court ruling that became widely followed and limited the authority of the court to order production of medical records pursuant to a trial subpoena without the patient's signed authorization. However, when the legislation was drafted, it did not extend the same privilege to grand jury subpoenas. This bill extends the privilege and therefore allows the physician-patient privilege to be pierced by subpoenas issued on behalf of a grand jury. Allowing access to medical records from a grand jury subpoena is especially important in family violence and vehicular crimes cases, as a grand jury decides whether there is enough evidence for a trial. This legislation will ensure that access and address concerns of medical providers that they are not violating the Health Insurance Portability and Accountability Act.
Legislative history
New Legislation.
Fiscal implications
None
Effective date
This act shall take effect on the 1st of November next succeeding the date on which it becomes law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.