New York 2025-2026 Regular Session

New York Assembly Bill A07976

Introduced
4/16/25  
Refer
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 S05774

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 H7646

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

NY A09144

Establishes an all-party consent requirement for any audio or video recording of mediation and court-annexed alternative dispute resolution proceedings.

NY S09286

Establishes an all-party consent requirement for any audio or video recording of mediation and court-annexed alternative dispute resolution proceedings.

NY S08203

Requires that a contract between an insurer and a hospital shall include a provision that provides for medical records requested by the insurer or its utilization review agent to be made available electronically by the hospital; limits the use of disclosed records.

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 S08830

Relates to actions for claims arising out of coerced debts; limits certain actions; established a right of action against person who causes another to incur coerced debt.

Similar Bills

No similar bills found.