New York A 7976: Establishes a penalty and cause of action for intentional destruction of medical records by a party to a medical malpractice action, or by an agent thereof

Bill Text

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A07976 Summary:

BILL NOA07976 

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SAME ASSAME AS S05774

&nbsp

SPONSORCarroll P

&nbsp

COSPNSR

&nbsp

MLTSPNSR

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Amd §§3126 & 3101, CPLR

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Establishes a penalty of not less than $1,000 for each intentional destruction, mutilation or significant alteration of a medical record by a party to a medical malpractice action, or by any officer, director, member, employee or agent of such party; establishes a cause of action on behalf of any person injured as the result of such destruction, mutilation or significant alteration; requires disclosure of metadata, audit trail, and log-in information associated with electronic medical records in certain actions.

Go to top A07976 Actions:

BILL NOA07976 

&nbsp

04/16/2025referred to judiciary

01/07/2026referred to judiciary

Go to topA07976 Committee&nbspVotes:

Go to topA07976 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topA07976 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 7976

 2025-2026 Regular Sessions

 IN ASSEMBLY

 April 16, 2025
 ___________

 Introduced by M. of A. P. CARROLL -- read once and referred to the
 Committee on Judiciary

 AN ACT to amend the civil practice law and rules, in relation to estab-
 lishing a penalty and cause of action for the intentional destruction,
 mutilation or significant alteration of certain medical records; and
 requires disclosure of metadata, audit trail, and log-in information
 associated with electronic medical records in certain actions

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. Section 3126 of the civil practice law and rules, as
 2 amended by chapter 98 of the laws of 1993, is amended to read as
 3 follows:
 4 § 3126. Penalties for refusal to comply with order or to disclose.
 5 (a) If any party, or a person who at the time a deposition is taken or
 6 an examination or inspection is made is an officer, director, member,
 7 employee or agent of a party or otherwise under a party's control,
 8 refuses to obey an order for disclosure or wilfully fails to disclose
 9 information which the court finds ought to have been disclosed pursuant
 10 to this article, the court may make such orders with regard to the fail-
 11 ure or refusal as are just, among them:
 12 1. an order that the issues to which the information is relevant shall
 13 be deemed resolved for purposes of the action in accordance with the
 14 claims of the party obtaining the order; or
 15 2. an order prohibiting the disobedient party from supporting or
 16 opposing designated claims or defenses, from producing in evidence
 17 designated things or items of testimony, or from introducing any
 18 evidence of the physical, mental or blood condition sought to be deter-
 19 mined, or from using certain witnesses; or
 20 3. an order striking out pleadings or parts thereof, or staying
 21 further proceedings until the order is obeyed, or dismissing the action

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD01800-01-5

 A. 7976 2

 1 or any part thereof, or rendering a judgment by default against the
 2 disobedient party.
 3 (b) If any party to a medical malpractice action, or a person who is
 4 or was an officer, director, member, employee or agent of a party or
 5 otherwise under the party's control, intentionally destroys, mutilates
 6 or significantly alters any medical record, including any metadata,
 7 audit trail or log-in information associated with any electronic
 8 records, the party or person shall be subject to a civil penalty of not
 9 less than one thousand dollars for each such act, as well as compensato-
 10 ry and punitive damages.
 11 (c) Any person who has been injured because of the intentional
 12 destruction, mutilation or significant alteration of a medical record,
 13 including any metadata, audit trail or log-in information associated
 14 with any electronic records, shall have a private right of action
 15 against the person or entity responsible therefor to recover damages
 16 where such destruction, mutilation or significant alteration prevented
 17 or significantly impeded the ability of the person so injured to prove
 18 such person's