Bill Text: NY S04759 | 2019-2020 | General Assembly | Amended
Bill Title: Permits a grand jury to inspect medical records pursuant to subpoena duces tecum powers and requires the disclosure of information when a crime is committed against a patient.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2020-07-21 - referred to judiciary [S04759 Detail]
Download: New_York-2019-S04759-Amended.html
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 commit- tee -- 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 permit- ting grand jury inspection of medical records pursuant to subpoena duces tecum powers The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Paragraph 2 of subdivision (a) of rule 3122 of the civil 2 practice law and rules, as added by chapter 307 of the laws of 2011, is 3 amended to read as follows: 4 2. A medical provider served with a subpoena duces tecum, other than a 5 trial subpoena issued by a court or a subpoena issued on behalf of a 6 grand jury and subscribed by a magistrate from the court which empaneled 7 said grand jury, requesting the production of a patient's medical 8 records pursuant to this rule need not respond or object to the subpoena 9 if the subpoena is not accompanied by a written authorization by the 10 patient. Any subpoena served upon a medical provider requesting the 11 medical records of a patient shall state in conspicuous bold-faced type 12 that the records shall not be provided unless (i) the subpoena is accom- 13 panied by a written authorization by the patient, [or] (ii) the court 14 has issued the subpoena or otherwise directed the production of the 15 documents, or (iii) a magistrate from the court which empaneled a grand 16 jury has subscribed the subpoena issued on behalf of the grand jury. 17 § 2. Section 4504 of the civil practice law and rules is amended by 18 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. LBD08333-06-0S. 4759--C 2 1 (b-1) Crime committed against patient; generally. A physician, 2 dentist, podiatrist, chiropractor, nurse, as well as the entities and 3 organizations included in subdivision (a) of this section, shall be 4 required to disclose information regarding a patient who has been a 5 victim of a crime and directly pertaining to such crime as reasonably 6 specified in: (i) a trial subpoena issued by a court; or (ii) a subpoena 7 issued on behalf of a grand jury and subscribed by a magistrate from the 8 court which empaneled said grand jury. 9 § 3. Severability clause. If any clause, sentence, paragraph, subdivi- 10 sion, section or part of this act shall be adjudged by any court of 11 competent jurisdiction to be invalid, such judgment shall not affect, 12 impair, or invalidate the remainder thereof, but shall be confined in 13 its operation to the clause, sentence, paragraph, subdivision, section 14 or part thereof directly involved in the controversy in which such judg- 15 ment shall have been rendered. It is hereby declared to be the intent of 16 the legislature that this act would have been enacted even if such 17 invalid provisions had not been included herein. 18 § 4. This act shall take effect on the first of November next succeed- 19 ing the date on which it shall have become a law.
