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A05434 Summary:

BILL NOA05434
 
SAME ASNo Same As
 
SPONSORWeprin
 
COSPNSR
 
MLTSPNSRQuart
 
Amd 2306, CPLR; ren 18 to be 18-b, amd 18, Pub Health L
 
Provides that notwithstanding the provisions of the public health law, no other fee other than those authorized by section 2303 (a) of the civil practice law and rules may be exacted or levied for the production of records relating to the condition or treatment of a patient; relates to access by an adverse party to medical records.
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A05434 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A5434
 
SPONSOR: Weprin (MS)
  TITLE OF BILL: An act to amend the civil practice law and rules, in relation to fees charged by medical record custodians for production of records pursuant to subpoena duces tecum; and to amend the public health law, in relation to access by an adverse party to medical records   PURPOSE: To assure that reasonable fees are charged to appropriate persons for the production of medical records.   SUMMARY OF PROVISIONS: Adds an amendment to Section 2306 of the Civil Practice Law and Rules. The amendment provides that the only fees that can be exacted by a recipient of a subpoena are those already authorized by Section 2303(a) of the Civil Practice Law and Rules, that is, attendance fees and mile- age fees. Adds an amendment to Section 18 of the Public Health Law. The amendment would expand the definition of qualified persons to include an adverse party, that is, a person or entity who may have legal financial liabil- ity due to a patient's medical condition and/or treatment and includes such person's or entity's representatives such as an insurance company who may have legal financial liability due to the patient's medical condition and/or treatment or such person's or entity attorney. Also adds an amendment to Section 18 of the Public Health Law by defin- ing a written request of any qualified person to include an authori- zation signed by the subject permitting the release of medical records and a subpoena duces tecum.   JUSTIFICATION: Currently an injured person in a lawsuit may obtain a copy of his own medical records at a cost of $0.75 per page pursuant to Public Health Law Section 18. An adverse party who requests records pursuant to an authorization provided by the injured party is often subjected to exor- bitant copying charges and fees by medical providers and the custodians of medical records. This legislation resulted from reports of extreme charges by custodians of medical records, as for specific example, an invoice submitted on behalf of a hospital charging $41.87 for six pages of medical records; an invoice in the amount of $54.93 for nine pages of medical records; and, an invoice in the amount of $54.26 for nine pages. There is a conflict between Appellate Division departments as to whether an adverse party using an authorization signed by an injured party is a "qualified person" entitled to the $0.75 per page fee. See, MCCROSSAN V BUFFALO HEART GROUP 265 A.D.2d 875 (4th Dept), and DAVENPORT V COUNTY OF NASSAU, 245 A.D. 2d 331 (2nd Dept). This legislation would eliminate the split in authority within the State. The purpose of this amendment is to establish that an adverse party is not to be subjected to exorbitant fees for the production of medical and patient information.   LEGISLATIVE HISTORY: 2011-12, A.2628 2009-10, A.11204 2007-08, A.4817 2005-06, S.1545 2003-04, S.1385/A.3346 2002, S.7764/A.6963-A 2001, A.6963.   FISCAL IMPLICATIONS: Enactment of this legislation will provide cost savings to the State of New York with regard to the cost of obtaining medical records of plain- tiffs who commence personal injury actions in which the State of New York is a defendant.   EFFECTIVE DATE: This act shall take effect immediately and shall apply to all subpoena duces tecum for production of records relating to the condition or treatment of a patient which are served as of the effective date of this act.
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