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.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A7976
SPONSOR: Carroll P TITLE OF BILL:
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
PURPOSE:
To deter fraud by providing that any party, or person who at the time
that an action for medical malpractice is commenced is an officer,
director, member, employee or agent of a party or otherwise under the
party's control, who intentionally destroys, mutilates or significantly
alters any medical records, including any metadata, audit trail, or
log-in information associated with any electronic records, shall be
subject to a civil penalty of not less than $1,000 for each violation;
to provide an individual who is injured as a result of the destruction,
mutilation or alteration the ability to bring an action and hold the
responsible parties accountable; to require the disclosure of metadata,
audit trail, and log-in information associated with electronic medical
records in certain actions.
SUMMARY OF PROVISIONS:
Section one of the bill adds a new paragraph (b) to § 3126 of the civil
practice law and rules stating that any party, or person who is an offi-
cer, director, member, employee or agent of a party, or otherwise under
the partiep' control at the time that an action for medical malpractice
is commenced, who intentionally destroys, mutilates or significantly
alters any medical records or metadata, audit trail, and log-in informa-
tion associated with electronic medical records shall be subject to a
penalty of not less than $1,000 per violation.
A new paragraph (c) states that any person who has been injured as a
result of the destruction, mutilation or alteration may bring an action
against the party and/or person responsible to recover damages if such
destruction made it impossible or significantly impeded the plaintiffs
ability to prove his or her initial claim.
A new paragraph (d) states that the provisions of this section of the
act are in addition to, but shall not supersede, any other rights or
remedies available in law or equity.
Section two of the bill adds a new subdivision (j) to § 3101 of the
civil practice law and rules stating that a healthcare provider must
produce any metadata, ,audit trail, and log-in information associated
with any electronic medical records of the person whose care or treat-
ment is the subject of the action.
Section three of the bill sets the effective date.
JUSTIFICATION:
This bill helps to protect patients and promote accountability for prop-
er medical care by establishing penalties for the intentional
destruction, mutilation or alteration of medical records. The
destruction and alteration of medical records to cover up alleged malp-
ractice can have severe consequences for the victim, who may not be able
to prove his or her claim without the vital information contained within
those records. By creating a private right of action for the person who
has been injured by such destruction, this bill sends a clear and
unequivocal message to all medical, non-medical and administrative
personnel that such egregious, fraudulent behavior will not be toler-
ated.
LEGISLATIVE HISTORY:
2023-24: S152 (Gianaris) died in Judiciary
2021-22: S163-B (Gianaris) died in Judiciary
2019-20: S293 (Gianaris) died in Judiciary
2017-18: S3132 (Gianaris) died in Judiciary
2015-16: S2474 (Gianaris) died in Judiciary
2013-14: S600 (Gianaris) died in Judiciary
2012: S2531(Gianaris)died in Judiciary / A4868(Simotas)died in codes
2011: S2531(Gianaris)died in Judiciary / A4868(Simotas)died in rules
2010: S6131(Schneiderman) died in Codes / A5239(Gianaris)died in codes
2009: S6131(Schneiderman)died in Rules / A5239(Gianaris)died in codes
2008: A4540(Gianaris)advanced to third reading
2007: A4540(Gianaris)advanced to third reading
2006: S4045 (Balboni) died in Codes / A4202 (Gianaris) advanced to third
reading
2005: S4045 (Balboni) died in Codes / A4202 (Gianaris) advanced to third
reading
2004: A3547-B (Gianaris) advanced to third reading
2003: A3547-A (Gianaris) advanced to third reading
FISCAL IMPLICATIONS:
None.
EFFECTIVE DATE:
This act shall take effect immediately and shall apply to any inten-
tional destruction, mutilation or significant alteration of a medical
record on or after such date.
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 claim.
19 (d) The provisions of this section are in addition to, but shall not
20 supersede, any other rights or remedies available in law or equity.
21 § 2. Section 3101 of the civil practice law and rules is amended by
22 adding a new subdivision (j) to read as follows:
23 (j) In addition to any other matter which may be subject to disclo-
24 sure, a healthcare provider must produce any metadata, audit trail, and
25 log-in information associated with any electronic medical records of the
26 person whose care or treatment is the subject of the action.
27 § 3. This act shall take effect immediately and shall apply to any
28 intentional destruction, mutilation or significant alteration of a
29 medical record occurring on or after such date.
