New York 2025-2026 Regular Session

New York Senate Bill S05774

Introduced
2/28/25  
Refer
2/28/25  

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.

Summary

Bill S05774 amends the civil practice law and rules to establish penalties for the intentional destruction, mutilation, or significant alteration of medical records in the context of medical malpractice actions. It imposes a civil penalty of at least $1,000 for each act of destruction and allows individuals injured by such actions to pursue a private right of action for damages. Additionally, the bill mandates that healthcare providers disclose metadata, audit trails, and log-in information associated with electronic medical records relevant to the case.

Impact

The bill significantly impacts state laws regarding medical malpractice by creating a clear legal framework for penalizing the intentional mishandling of medical records. It enhances the rights of individuals to seek compensation for damages resulting from such actions and ensures that relevant electronic records are disclosed during legal proceedings, thereby promoting transparency and accountability in healthcare practices.

Sentiment

The general sentiment surrounding Bill S05774 appears to be supportive, as it addresses concerns about the integrity of medical records and the potential harm caused by their alteration. However, there may be some apprehension regarding the implications for healthcare providers and the administrative burden of compliance with the new disclosure requirements.

Contention

Notable points of contention may arise from healthcare providers who could argue that the penalties are overly harsh and that the requirement to disclose extensive metadata and audit trails could lead to privacy concerns and increased liability. Advocates for patient rights and legal accountability are likely to support the bill, emphasizing the need for protection against record tampering.

Companion Bills

NY A07976

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 A07976

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 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 S07474

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 S09658

Establishes a private right of action for any person whose personally identifying information was intentionally disclosed by another individual, without consent, for the purpose of harassing, threatening, intimidating, or causing harm to such person, or with reckless disregard as to whether such disclosure would cause such harm; defines personal information.

NY A10091

Establishes a private right of action for any person whose personally identifying information was intentionally disclosed by another individual, without consent, for the purpose of harassing, threatening, intimidating, or causing harm to such person, or with reckless disregard as to whether such disclosure would cause such harm; defines personal information.

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 H7646

Creates a medical malpractice tribunal that would screen medical malpractice actions before such actions could proceed in superior court.

NY SB00214

An Act Creating A State Cause Of Action For Injuries Received Or Illness Caused By Vaccinations Or Medicinal Treatment Required As A Condition Of Employment.

NY HB06174

An Act Establishing A Cause Of Action Against The State For Injury Or Illness Caused To A Student As A Result Of Vaccination Or Medicinal Treatment Requirements.

NY SB904

Medical malpractice; limitation on recovery; certain actions.

Similar Bills

No similar bills found.