Bill Text: NY S01066 | 2023-2024 | General Assembly | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Provides certain legal protections for reproductive health service providers who provide legally protected health activities including protection from extradition, arrest and legal proceedings in other states relating to such services; restricts the use of evidence relating to the involvement of a party in providing legally protected health activity to persons located out-of-state.
Spectrum: Partisan Bill (Democrat 19-0)
Status: (Passed) 2023-06-23 - APPROVAL MEMO.2 [S01066 Detail]
Download: New_York-2023-S01066-Introduced.html
Bill Title: Provides certain legal protections for reproductive health service providers who provide legally protected health activities including protection from extradition, arrest and legal proceedings in other states relating to such services; restricts the use of evidence relating to the involvement of a party in providing legally protected health activity to persons located out-of-state.
Spectrum: Partisan Bill (Democrat 19-0)
Status: (Passed) 2023-06-23 - APPROVAL MEMO.2 [S01066 Detail]
Download: New_York-2023-S01066-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 1066 2023-2024 Regular Sessions IN SENATE January 9, 2023 ___________ Introduced by Sen. MAYER -- read twice and ordered printed, and when printed to be committed to the Committee on Health AN ACT to amend the criminal procedure law, the executive law, the civil practice law and rules, the insurance law and the education law, in relation to legally protected health activity providers The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 570.17 of the criminal procedure law, as added by 2 chapter 219 of the laws of 2022, is amended to read as follows: 3 § 570.17 Extradition [of abortion providers] for legally protected 4 health activity. 5 [No] 1. For purposes of this section, the following terms shall have 6 the following meanings: 7 (a) "Reproductive health services" shall mean and include all 8 services, care, or products of a medical, surgical, psychiatric, thera- 9 peutic, diagnostic, mental health, behavioral health, preventative, 10 rehabilitative, supportive, consultative, referral, prescribing, or 11 dispensing nature relating to the human reproductive system provided in 12 accordance with the constitution and the laws of this state, whether 13 provided in person or by means of telehealth or telehealth services, 14 which includes, but is not limited to, all services, care and products 15 relating to pregnancy, assisted reproduction, contraception, miscarriage 16 management or the termination of a pregnancy, and self-managed termi- 17 nations. 18 (b) "Legally protected health activity" shall mean and include the 19 following acts and omissions by providers and facilitators of reproduc- 20 tive health services, to the extent they are not in violation of the 21 constitution or the laws of this state, provided that such provider is 22 physically present in the state: 23 (i) the exercise or attempted exercise by any person of rights to 24 reproductive health services as secured by the constitution or laws of EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD04071-01-3S. 1066 2 1 this state or the provision of insurance coverage for such services or 2 care; and 3 (ii) any act or omission undertaken to aid or encourage, or attempt to 4 aid or encourage, any person in the exercise or attempted exercise of 5 rights to reproductive health services as secured by the constitution or 6 laws of this state, or to provide insurance coverage for such services 7 or care; provided, however, that the provision of such reproductive 8 health services by a person duly licensed under the laws of this state 9 and physically present in this state and the provision of insurance 10 coverage for such services or care shall be a legally protected health 11 activity if the service or care is permitted under the laws of this 12 state, regardless of the patient's location. 13 2. Except as required by federal law, no demand for the extradition of 14 a person charged with [providing an abortion] any legally protected 15 health activity, shall be recognized by the governor unless the execu- 16 tive authority of the demanding state shall allege in writing that the 17 accused was physically present in the demanding state at the time of the 18 commission of the alleged crime, and that thereafter he, she or they 19 fled from that state. 20 § 2. Subdivision 3-a of section 140.10 of the criminal procedure law, 21 as added by chapter 219 of the laws of 2022, is amended to read as 22 follows: 23 3-a. A police officer may not arrest any person for [performing or24aiding in the performance of an abortion] any legally protected health 25 activity within this state, [or in procuring an abortion in this state,26if the abortion is performed in accordance with the provisions of arti-27cle twenty-five-A of the public health law or any other applicable law28of this state] as defined in section 570.17 of this chapter. 29 § 3. Section 837-w of the executive law, as added by chapter 219 of 30 the laws of 2022, is renumbered section 837-x and amended to read as 31 follows: 32 § 837-x. Cooperation with certain out-of-state investigations. 1. For 33 purposes of this section, the following terms shall have the follow- 34 ing meanings: 35 (a) "Reproductive health services" shall have the same meaning as 36 paragraph (a) of subdivision one of section 570.17 of the criminal 37 procedure law; and 38 (b) "Legally protected health activity" shall have the same meaning as 39 paragraph (b) of subdivision one of section 570.17 of the criminal 40 procedure law. 41 2. No state or local [law enforcement agency] government employee or 42 entity or other person acting on behalf of state or local government 43 shall cooperate with or provide information to any individual or out-of- 44 state agency or department regarding [the provision of a lawful abortion45performed] any legally protected health activity occurring in this 46 state, or otherwise expend or use time, moneys, facilities, property, 47 equipment, personnel or other resources in furtherance of any investi- 48 gation or proceeding that seeks to impose civil or criminal liability or 49 professional sanctions upon a person or entity for any legally protected 50 health activity occurring in this state. Nothing in this section shall 51 prohibit the investigation of any [criminal activity in this state which52may involve the performance of an abortion] reproductive health services 53 rendered in violation of the laws of this state, provided that no infor- 54 mation relating to any medical procedure performed on a specific indi- 55 vidual may be shared with an out-of-state agency or any other individ- 56 ual. Nothing in this section shall prohibit compliance with a valid,S. 1066 3 1 court-issued subpoena or warrant which does not relate to a law seeking 2 to impose civil or criminal liability or professional sanctions for a 3 legally protected health activity, or in response to the written request 4 of a person who is the subject of such an investigation or proceeding, 5 to the extent necessary, in each case, to fulfill such request. 6 § 4. Subdivision (g) of section 3119 of the civil practice law and 7 rules, as added by chapter 219 of the laws of 2022, is amended to read 8 as follows: 9 (g) (1) Out-of-state [abortion] proceedings regarding legally 10 protected health activities. Notwithstanding any other provisions of 11 this section or any other law, no court or county clerk shall issue a 12 subpoena under this section in connection with an out-of-state proceed- 13 ing relating to any [abortion services or procedures] legally protected 14 health activity which [were legally performed] occurred in this state, 15 unless such out-of-state proceeding [(1)] (i) sounds in tort or 16 contract[, or is based on statute], [(2)] (ii) is actionable, in an 17 equivalent or similar manner, under the laws of this state, and [(3)] 18 (iii) was brought by the patient who received reproductive [healthcare] 19 health services as defined in paragraph (a) of subdivision one of 20 section 570.17 of the criminal procedure law, or the patient's legal 21 representative, so long as the patient gives express consent. 22 (2) For purposes of this subdivision, the terms "legally protected 23 health activity" and "reproductive health services" shall have the same 24 meanings as defined in subdivision one of section 570.17 of the criminal 25 procedure law. 26 § 5. Subdivision (e) of section 3102 of the civil practice law and 27 rules, as amended by chapter 219 of the laws of 2022, is amended to read 28 as follows: 29 (e) Action pending in another jurisdiction. Except as provided in 30 section three thousand one hundred nineteen of this article, when under 31 any mandate, writ or commission issued out of any court of record in any 32 other state, territory, district or foreign jurisdiction, or whenever 33 upon notice or agreement, it is required to take the testimony of a 34 witness in the state, he or she may be compelled to appear and testify 35 in the same manner and by the same process as may be employed for the 36 purpose of taking testimony in actions pending in the state. The supreme 37 court or a county court shall make any appropriate order in aid of 38 taking such a deposition; provided that no order may be issued under 39 this section in connection with an out-of-state proceeding relating to 40 any [abortion services or procedures] legally protected health activity, 41 as defined in paragraph (b) of subdivision one of section 570.17 of the 42 criminal procedure law which [were legally performed] occurred in this 43 state, unless such out-of-state proceeding (1) sounds in tort or 44 contract[, or is based on statute], (2) is actionable, in an equivalent 45 or similar manner, under the laws of this state, and (3) was brought by 46 the patient who received reproductive [healthcare] health services, or 47 the patient's legal representative. 48 § 6. The civil practice law and rules is amended by adding a new 49 section 4550 to read as follows: 50 § 4550. Admissibility of evidence related to legally protected health 51 activity. Evidence relating to the involvement of a party engaging in 52 one or more legally protected health activity, as defined in paragraph 53 (b) of subdivision one of section 570.17 of the criminal procedure law, 54 relating to providing reproductive health services to persons not phys- 55 ically present in this state shall not be offered against such party as 56 evidence that such party has engaged in any wrongdoing, whether civil,S. 1066 4 1 criminal, professional, or otherwise by virtue of such recipients of 2 such services not being physically present in this state. Nothing in 3 this section shall prevent a party from offering such evidence in a 4 proceeding that (i) sounds in tort or contract, (ii) is actionable, in 5 an equivalent or similar manner, under the laws of this state, and (iii) 6 was brought by the patient who received reproductive health services, or 7 the patient's legal representative. 8 § 7. Section 3436-a of the insurance law, as added by chapter 221 of 9 the laws of 2022, is amended to read as follows: 10 § 3436-a. Adverse action against legal reproductive health care. 1. 11 [Adverse action against legal reproductive health care.] (a) Every 12 insurer which issues or renews medical malpractice insurance covering a 13 health care provider licensed to practice in this state, whether the 14 health care provider is covered by a primary, excess or umbrella liabil- 15 ity policy, shall be prohibited from taking any adverse action against 16 a health care provider solely on the basis that the health care provider 17 [performs an abortion or provides reproductive health care] provides 18 reproductive health services, as defined in paragraph (a) of subdivision 19 one of section 570.17 of the criminal procedure law, that is legal in 20 the state of New York on someone who is from out of the state. 21 (b) Such policy shall include health care providers who legally 22 prescribe abortion medication to out-of-state patients by means of tele- 23 health. 24 2. As used in this section, "adverse action" shall mean but not be 25 limited to: (a) refusing to renew or execute a contract or agreement 26 with a health care provider; (b) making a report or commenting to an 27 appropriate private or governmental entity regarding practices of such 28 provider which may violate abortion laws in other states; and (c) 29 increasing in any charge for, or a reduction or other adverse or unfa- 30 vorable change in the terms of coverage or amount for, any medical malp- 31 ractice insurance contract or agreement with a health care provider. 32 § 8. Subparagraph (B) of paragraph 36 of subsection (i) of section 33 3216 of the insurance law, as added by section 1 of part R of chapter 57 34 of the laws of 2022, is amended to read as follows: 35 (B) Coverage for [abortion] a legally protected health activity, as 36 defined in paragraph (b) of subdivision one of section 570.17 of the 37 criminal procedure law, shall not be subject to annual deductibles or 38 coinsurance, including co-payments, unless the policy is a high deduct- 39 ible health plan as defined in section 223(c)(2) of the internal revenue 40 code of 1986, in which case coverage for abortion may be subject to the 41 plan's annual deductible. 42 § 9. Subdivision 2 of section 6531-b of the education law, as added by 43 chapter 220 of the laws of 2022, is amended to read as follows: 44 2. The performance, recommendation, or provision of any reproductive 45 health services as defined in subdivision one of this section, or any 46 legally protected health activity as defined in paragraph (b) of subdi- 47 vision one of section 570.17 of the criminal procedure law, by a health 48 care practitioner acting within their scope of practice, for a patient 49 who resides in a state wherein the performance, recommendation, or 50 provision of such reproductive health services is illegal, shall not, by 51 itself, constitute professional misconduct under this title, or title 52 two-A of article two of the public health law, or any other law, rule or 53 regulation governing the licensure, certification, or authorization of 54 such practitioner, nor shall any license, certification or authorization 55 of a health care practitioner be revoked, suspended, or annulled or 56 otherwise subject to any other penalty or discipline provided in theS. 1066 5 1 public health law or this title solely on the basis that such health 2 care practitioner performed, recommended, or provided any such reproduc- 3 tive health services for a patient who resides in a state wherein the 4 performance, recommendation, or provision of such reproductive health 5 services is illegal. 6 § 10. Severability. If any provision of this act, or any application 7 of any provision of this act, is held to be invalid, that shall not 8 affect the validity or effectiveness of any other provision of this act, 9 any other application of any provision of this act, or any other 10 provision of any law or code amended by this act. 11 § 11. Choice of laws. This act shall be exclusively governed by and 12 construed pursuant to the laws of the state of New York, without giving 13 effect to any choice of law principles thereunder. 14 § 12. This act shall take effect immediately; provided, however, the 15 amendments to subparagraph (B) of paragraph 36 of subsection (i) of 16 section 3216 of the insurance law made by section eight of this act 17 shall take effect on the same date and in the same manner as section 1 18 of part R of chapter 57 of the laws of 2022, takes effect.
