New York 2025-2026 Regular Session

New York Assembly Bill A07976

Introduced
4/16/25  

Caption

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.

Impact

If passed, A07976 will create heightened accountability for parties involved in medical malpractice cases by imposing strict penalties for tampering with medical records. This amendment seeks to safeguard the evidence that the courts rely on, thereby reinforcing the legal framework surrounding malpractice. Additionally, the bill mandates that healthcare providers produce associated metadata, audit trails, and log-in information related to electronic medical records during legal actions, enhancing transparency and thoroughness in legal proceedings. The proposed changes promise to improve the overall integrity of the legal processes involving healthcare and malpractice insurance.

Summary

Bill A07976 introduces significant amendments to the civil practice law and rules concerning the management of medical records in New York State. The bill establishes a civil penalty of no less than $1,000 for any individual or party involved in a medical malpractice action that intentionally destroys, mutilates, or significantly alters a medical record. This severe penalty aims to ensure the integrity of medical records, which are essential in legal proceedings regarding malpractice claims. Beyond the penalties, the bill also offers a cause of action for individuals injured due to such actions, allowing them to seek recovery for any damages incurred as a result of destroyed or altered records.

Contention

However, there are notable concerns surrounding the implementation of A07976. Opponents may argue that strict penalties could create an atmosphere of fear within healthcare providers, potentially impacting patient care and record management. There are worries that this may inadvertently lead to nuances in how records are maintained and could complicate legitimate practices if the fear of penalties overshadows the need for comprehensive patient care. Furthermore, the requirement for technological accountability could impose additional burdens on healthcare facilities, especially smaller ones that may struggle with the costs associated with ensuring compliance with such rigorous data management standards.

Companion Bills

NY S05774

Same As 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.

Previously Filed As

NY S00152

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.

NY S00528

Establishes a cause of action for medical monitoring for a person with or without a present injury or disease; establishes a statute of limitation for such cause of action.

NY A00987

Removes requirements that require any medical equipment or equipment necessary for an individual whose diagnosis is likely to be significantly triggered or significantly exacerbated by a continued loss of power that will adversely impact that individual's health; removes such requirements from an emergency response plan.

NY S02225

Removes requirements that require any medical equipment or equipment necessary for an individual whose diagnosis is likely to be significantly triggered or significantly exacerbated by a continued loss of power that will adversely impact that individual's health; removes such requirements from an emergency response plan.

NY A02061

Requires a certificate of merit in actions for damages, contribution or indemnity arising out of alleged negligence of a professional licensed pursuant to the education law; establishes a party in an action for medical, dental or podiatric malpractice may not omit the name of certain experts in responding to a request; limits judgments for past and future damages in an action to recover damages for dental, medical or podiatric malpractice; limits compensation for noneconomic damages suffered by an injured plaintiff in any personal injury action to $250,000.

NY S05930

Requires a certificate of merit in actions for damages, contribution or indemnity arising out of alleged negligence of a professional licensed pursuant to the education law; establishes a party in an action for medical, dental or podiatric malpractice may not omit the name of certain experts in responding to a request; limits judgments for past and future damages in an action to recover damages for dental, medical or podiatric malpractice; limits compensation for noneconomic damages suffered by an injured plaintiff in any personal injury action to $250,000.

NY S06192

Relates to the time to commence certain medical malpractice actions; provides that actions related to acts or omissions of hospitals where an incident report is required to be filed may be filed within one year of the required filing.

NY A00913

Enacts the "patient privacy protection act"; prohibits ex-parte interviews of other party's treating physicians or health care providers in personal injury, medical, dental, or podiatric malpractice, or wrongful death actions.

NY A02667

Establishes the reasonable charge for electronic copies of medical records and patient information.

NY A02266

Expands confidentiality provisions relating to certain investigations of medical or quality assurance or a medical or dental malpractice prevention program, to include statements made by any persons at such reviews who are a party to an action which was reviewed at such proceedings.

Similar Bills

No similar bills found.