Establishes certain charges and fees authorized relative to requests for inspections and copying of medical records shall be deemed to be reasonable production expenses.
STATE OF NEW YORK
________________________________________________________________________
1749
2009-2010 Regular Sessions
IN ASSEMBLY
January 9, 2009
___________
Introduced by M. of A. GOTTFRIED -- Multi-Sponsored by -- M. of A. HOOP-
ER -- read once and referred to the Committee on Codes
AN ACT to amend the civil practice law and rules, in relation to disclo-
sure of medical records and clinical records
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision (d) of rule 3122 of the civil practice law and
2 rules, as added by chapter 575 of the laws of 2002, is amended to read
3 as follows:
4 (d) Unless the subpoena duces tecum directs the production of original
5 documents for inspection and copying at the place where such items are
6 usually maintained, it shall be sufficient for the custodian or other
7 qualified person to deliver complete and accurate copies of the items to
8 be produced. The reasonable production expenses of a non-party witness
9 shall be defrayed by the party seeking discovery. The charges and fees
10 authorized by subdivision two of section eighteen of the public health
11 law and paragraph six of subdivision (b) of section 33.16 of the mental
12 hygiene law, relative to requests for inspections and copying of medical
13 records shall be deemed to be reasonable production expenses for
14 purposes of this subdivision.
15 § 2. Subdivision (a) of section 2303 of the civil practice law and
16 rules, as amended by chapter 26 of the laws of 2004, is amended to read
17 as follows:
18 (a) A subpoena requiring attendance or a subpoena duces tecum shall be
19 served in the same manner as a summons, except that where service of
20 such a subpoena is made pursuant to subdivision two or four of section
21 three hundred eight of this chapter, the filing of proof of service
22 shall not be required and service shall be deemed complete upon the
23 later of the delivering or mailing of the subpoena, if made pursuant to
24 subdivision two of section three hundred eight of this chapter, or upon
25 the later of the affixing or mailing of the subpoena, if made pursuant
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00778-01-9
A. 1749 2
1 to subdivision four of section three hundred eight of this chapter. Any
2 person subpoenaed shall be paid or tendered in advance authorized trav-
3 eling expenses and one day's witness fee. Any non-party witness required
4 to produce medical records in order to comply with a subpoena shall be
5 entitled to receive from the party seeking discovery the charges and
6 fees authorized by subdivision two of section eighteen of the public
7 health law or paragraph six of subdivision (b) of section 33.16 of the
8 mental hygiene law, relative to requests for inspections and copying of
9 medical records. A copy of any subpoena duces tecum served in a pending
10 civil judicial proceeding shall also be served, in the manner set forth
11 in rule twenty-one hundred three of this chapter, on each party who has
12 appeared in the civil judicial proceeding so that it is received by such
13 parties promptly after service on the witness and before the production
14 of books, papers or other things.
15 § 3. Subdivision (c) of section 8001 of the civil practice law and
16 rules is amended to read as follows:
17 (c) Transcripts of records. Wherever the preparation of a transcript
18 of records is required in order to comply with a subpoena, the person
19 subpoenaed shall receive an additional fee of ten cents per folio upon
20 demand. This subdivision shall not apply to reimbursement for compliance
21 with a subpoena seeking the production of full sized legible reprod-
22 uctions of records relating to the condition or treatment of a patient.
23 Reimbursement for compliance with such a subpoena shall be in accordance
24 with section twenty-three hundred three or rule thirty-one hundred twen-
25 ty-two of this chapter.
26 § 4. This act shall take effect on the sixtieth day after it shall
27 have become a law.
