Assembly Bill A673

2011-2012 Legislative Session

Enacts the "adversarial medical examination procedure act"

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Archive: Last Bill Status - In Assembly Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2011-A673 (ACTIVE) - Details

See Senate Version of this Bill:
S5373
Current Committee:
Assembly Codes
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd §3121, CPLR; amd §5102, Ins L; amd §§13-a, 13-b, 13-d, 13-k, 13-l, 13-m, 13-n & 137, Work Comp L; amd §50-h, Gen Muni L; amd §17-a, Ct Claims Act
Versions Introduced in 2009-2010 Legislative Session:
A10742, S7874

2011-A673 (ACTIVE) - Summary

Enacts the "adversarial medical examination procedure act"; authorizes adversarial medical examinations and limits any physician-patient relationship resulting from such a medical examination; provides that the person subject to the examination shall have the right to representation.

2011-A673 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   673

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by M. of A. LANCMAN -- read once and referred to the Commit-
  tee on Codes

AN ACT to amend the civil practice law and rules, the insurance law, the
  workers' compensation law, the general municipal law and the court  of
  claims  act, in relation to enacting the "adversarial medical examina-
  tion procedure act"

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Short title.  This act shall be known and may be cited as
the "adversarial medical examination procedure act".
  S 2. The legislature hereby finds and declares that the conducting  of
physical  and  mental examinations in the course of civil litigation and
other civil proceedings has evolved in a manner  inconsistent  with  the
civil  practice  law  and  rules and fundamental notions of due process.
Indeed, a commonly used term  for  such  examinations,  an  "independent
medical  examination,"  is  itself  a  misnomer  because  the  physician
conducting such examination is not at all independent, but  is  in  fact
being  compensated  by  a party or insurer whose interests are typically
adverse to those of the party being  examined.  Further,  parties  being
examined  are  frequently required to provide written responses to ques-
tions outside the discovery process prescribed in the civil practice law
and rules or relevant claims process  and  without  the  opportunity  to
obtain advice of counsel, even though such written responses can and are
being  used  as admissions and/or to later impeach the examined party in
the course of such proceeding.  Accordingly, the name by which  such  an
examination  is  called  needs  to be changed to reflect the true adver-
sarial nature of such examination; the process for obtaining information
from the party to be examined which is necessary to the proper  conduct-
ing  of the examination needs to be brought within the carefully consid-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01389-02-1
              

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