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A00694 Summary:

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A00694 Floor Votes:

A00694 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         694--A
 
                               2011-2012 Regular Sessions
 
                   IN ASSEMBLY
 
                                       (Prefiled)
 
                                     January 5, 2011
                                       ___________
 
        Introduced  by M. of A. LANCMAN -- read once and referred to the Commit-
          tee on Codes -- 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 enact-

          ing the "patient privacy protection act"
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Short title.  This act shall be known and may be cited as
     2  the "patient privacy protection act".
     3    § 2.  Section 3102 of the civil practice law and rules is  amended  by
     4  adding a new subdivision (c-1) to read as follows:
     5    (c-1)  Ex-parte  interviews.  In any action involving personal injury,
     6  medical, dental, or podiatric malpractice or wrongful death, no party or
     7  anyone acting on behalf of a party may  either  directly  or  indirectly
     8  conduct ex-parte interviews with the treating physicians or other health
     9  care  providers  of  any other party.  Nothing in this subdivision shall

    10  prohibit an attorney or the agent or employee of an attorney who repres-
    11  ents the patient, the estate of the patient,  or  the  natural  or  duly
    12  appointed  guardian  of  the  patient whose condition is at issue in the
    13  action from conducting ex-parte conversations with a treating  physician
    14  or other health care provider of the patient.
    15    §  3.  This  act shall take effect on the thirtieth day after it shall
    16  have become a law and shall apply  to  all  actions  involving  personal
    17  injury,  medical,  dental  or  podiatric  malpractice, or wrongful death
    18  filed on and after such date and to all such  actions  pending  on  such
    19  effective  date  except  as to conduct prohibited by section two of this
    20  act which occurred prior to such effective date.
 
 

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02414-06-1