Bill Text: NY S00163 | 2021-2022 | General Assembly | Amended
Bill Title: Establishes a penalty of not less than $1,000 for each intentional destruction, mutilation or significant alteration of a medical record by a party to a medical malpractice action, or by any officer, director, member, employee or agent of such party; also establishes a cause of action on behalf of any person injured as the result of such destruction, mutilation or significant alteration; requires disclosure of metadata, audit trail, and log-in information associated with electronic medical records in certain actions.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2022-01-05 - REFERRED TO JUDICIARY [S00163 Detail]
Download: New_York-2021-S00163-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 163--B 2021-2022 Regular Sessions IN SENATE (Prefiled) January 6, 2021 ___________ Introduced by Sens. GIANARIS, KRUEGER -- 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 -- 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 estab- lishing a penalty and cause of action for the intentional destruction, mutilation or significant alteration of certain medical records; and requires disclosure of metadata, audit trail, and log-in information associated with electronic medical records in certain actions The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 3126 of the civil practice law and rules, as 2 amended by chapter 98 of the laws of 1993, is amended to read as 3 follows: 4 § 3126. Penalties for refusal to comply with order or to disclose. 5 (a) If any party, or a person who at the time a deposition is taken or 6 an examination or inspection is made is an officer, director, member, 7 employee or agent of a party or otherwise under a party's control, 8 refuses to obey an order for disclosure or wilfully fails to disclose 9 information which the court finds ought to have been disclosed pursuant 10 to this article, the court may make such orders with regard to the fail- 11 ure or refusal as are just, among them: 12 1. an order that the issues to which the information is relevant shall 13 be deemed resolved for purposes of the action in accordance with the 14 claims of the party obtaining the order; or 15 2. an order prohibiting the disobedient party from supporting or 16 opposing designated claims or defenses, from producing in evidence 17 designated things or items of testimony, or from introducing any EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD03063-07-1S. 163--B 2 1 evidence of the physical, mental or blood condition sought to be deter- 2 mined, or from using certain witnesses; or 3 3. an order striking out pleadings or parts thereof, or staying 4 further proceedings until the order is obeyed, or dismissing the action 5 or any part thereof, or rendering a judgment by default against the 6 disobedient party. 7 (b) If any party to a medical malpractice action, or a person who is 8 or was an officer, director, member, employee or agent of a party or 9 otherwise under the party's control, intentionally destroys, mutilates 10 or significantly alters any medical record, including any metadata, 11 audit trail or log-in information associated with any electronic 12 records, the party or person shall be subject to a civil penalty of not 13 less than one thousand dollars for each such act, as well as compensato- 14 ry and punitive damages. 15 (c) Any person who has been injured because of the intentional 16 destruction, mutilation or significant alteration of a medical record, 17 including any metadata, audit trail or log-in information associated 18 with any electronic records, shall have a private right of action 19 against the person or entity responsible therefor to recover damages 20 where such destruction, mutilation or significant alteration prevented 21 or significantly impeded the ability of the person so injured to prove 22 his or her claim. 23 (d) The provisions of this section are in addition to, but shall not 24 supersede, any other rights or remedies available in law or equity. 25 § 2. Section 3101 of the civil practice law and rules is amended by 26 adding a new subdivision (j) to read as follows: 27 (j) In addition to any other matter which may be subject to disclo- 28 sure, a healthcare provider must produce any metadata, audit trail, and 29 log-in information associated with any electronic medical records of the 30 person whose care or treatment is the subject of the action. 31 § 3. This act shall take effect immediately and shall apply to any 32 intentional destruction, mutilation or significant alteration of a 33 medical record occurring on or after such date.
