Relates to out of state hospital records produced pursuant to subpoena.
Ayes (59): Addabbo, Avella, Ball, Bonacic, Boyle, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Farley, Felder, Flanagan, Gallivan, Gianaris, Gipson, Griffo, Grisanti, Hannon, Hassell-Thomps, Hoylman, Kennedy, Klein, Krueger, Lanza, Larkin, Latimer, LaValle, Libous, Little, Marcellino, Marchione, Martins, Maziarz, Montgomery, Nozzolio, O'Brien, O'Mara, Parker, Peralta, Perkins, Ranzenhofer, Ritchie, Rivera, Robach, Sampson, Sanders, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousins, Tkaczyk, Valesky, Young, Zeldin
Excused (2): Espaillat, Golden
TITLE OF BILL: An act to amend the civil practice law and rules, in relation to out of state hospital records produced pursuant to subpoena
Makes hospital records from a jurisdiction outside of New York State admissible when there is a certification or authentication by the head of the hospital, laboratory, department or bureau of a municipal corporation or of the state, by an employee delegated for that purpose, or a certification made in the manner determined by the laws of the jurisdiction where the hospital record is located.
SUMMARY OF PROVISIONS:
Section 1: Amends subdivision (c) of rule 4518 of the civil practice law and rules, as amended by chapter 170 of the laws of 1994, to permit the admission of hospital records from outside of the jurisdiction of New York State that are certified as provided for in the laws of the jurisdiction where the hospital record is located.
Section 2: Effective date.
This bill is being introduced to provide clarity and efficiency to the introduction of hospital records in litigation. Under the current law, hospital records are admissible in evidence as prima facie evidence of the facts contained in the record when they bear a certification or authentication as provided by New York State law. Hospital records complying with this certification requirement do not require a witness to be called in to verify authenticity of the record. However, when hospital records are from outside of the jurisdiction of this state, if they are not certified in the manner provided under New York State law, a court may not accept the record as prima facie evidence of the facts contained in the record, and require that a witness be provided to verify the authenticity of the record. Bringing in witnesses to verify such professional records results in costly and time-consuming litigation, and often such witnesses are unable to be obtained from out of state due to the burdens of cost and distance. This legislation provides that when hospital records are deemed properly certified under the laws of the jurisdiction where the hospital record is located, such records are admissible without requiring a witness to verify the facts within the record.
None to the state.
This act shall take effect immediately.
STATE OF NEW YORK ________________________________________________________________________ 7534 IN SENATE May 15, 2014 ___________Introduced by Sen. BONACIC -- read twice and ordered printed, and when printed to be committed to the Committee on Judiciary AN ACT to amend the civil practice law and rules, in relation to out of state hospital records produced pursuant to subpoena THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision (c) of rule 4518 of the civil practice law and rules, as amended by chapter 170 of the laws of 1994, is amended to read as follows: (c) Other records. All records, writings and other things referred to in sections 2306 and 2307 are admissible in evidence under this rule and are prima facie evidence of the facts contained, provided they bear a certification or authentication by the head of the hospital, laboratory, department or bureau of a municipal corporation or of the state, or by an employee delegated for that purpose or by a qualified physician. Where a hospital record is in the custody of a warehouse, or "warehouse- man" as that term is defined by paragraph (h) of
[subdivision]SUBSECTION one of section 7-102 of the uniform commercial code, pursuant to a plan approved in writing by the state commissioner of health, admissibility under this subdivision may be established by a certif- ication made by the manager of the warehouse that sets forth (i) the authority by which the record is held, including but not limited to a court order, order of the commissioner, or order or resolution of the governing body or official of the hospital, and (ii) that the record has been in the exclusive custody of such warehouse or warehousemen since its receipt from the hospital or, if another has had access to it, the name and address of such person and the date on which and the circum- stances under which such access was had. Any warehouseman providing a certification as required by this subdivision shall have no liability for acts or omissions relating thereto, except for intentional miscon- duct, and the warehouseman is authorized to assess and collect a reason- able charge for providing the certification described by this subdivi- sion. WHERE A HOSPITAL RECORD IS LOCATED IN A JURISDICTION OTHER THAN THIS STATE, ADMISSIBLY UNDER THIS SUBDIVISION MAY BE ESTABLISHED BYEXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD15220-01-4 S. 7534 2
EITHER A CERTIFICATION OR AUTHENTICATION BY THE HEAD OF THE HOSPITAL, LABORATORY, DEPARTMENT OR BUREAU OF A MUNICIPAL CORPORATION OR OF THE STATE, OR BY AN EMPLOYEE DELEGATED FOR THAT PURPOSE; OR A CERTIFICATION MADE IN THE MANNER PROVIDED FOR IN THE LAWS OF THE JURISDICTION WHEREIN THE HOSPITAL RECORD IS LOCATED. AN ENDORSEMENT IN THE CERTIFICATION TO THAT EFFECT BY THE CERTIFIER OF THE RECORD SHALL BE PRIMA FACIE PROOF THAT CERTIFICATION HAS BEEN MADE IN THE MANNER PROVIDED FOR IN THE LAWS OF THE RELEVANT JURISDICTION. PROVIDED, HOWEVER, THAT CERTIFICATION OF A HOSPITAL RECORD LOCATED IN A JURISDICTION OUTSIDE THE UNITED STATES, ITS TERRITORIES AND POSSESSIONS, MUST ALSO COMPLY WITH ALL OTHER APPLICABLE PROVISIONS OF THE LAWS OF THIS STATE. S 2. This act shall take effect immediately.