Bill Text: NY S01066 | 2023-2024 | General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         1066--A

                               2023-2024 Regular Sessions

                    IN SENATE

                                     January 9, 2023
                                       ___________

        Introduced  by  Sens.  MAYER,  FERNANDEZ,  GIANARIS, GOUNARDES, KRUEGER,
          SEPULVEDA, STAVISKY -- read twice and ordered printed, and when print-
          ed to be committed to the Committee on Health -- committee discharged,
          bill amended, ordered reprinted as amended  and  recommitted  to  said
          committee

        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

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04071-02-3
        S. 1066--A                          2

     1  constitution or the laws of this state, provided that such  provider  is
     2  physically present in the state:
     3    (i)  the  exercise  or  attempted  exercise by any person of rights to
     4  reproductive health services as secured by the constitution or  laws  of
     5  this  state  or the provision of insurance coverage for such services or
     6  care; and
     7    (ii) any act or omission undertaken to aid or encourage, or attempt to
     8  aid or encourage, any person in the exercise or  attempted  exercise  of
     9  rights to reproductive health services as secured by the constitution or
    10  laws  of  this state, or to provide insurance coverage for such services
    11  or care; provided, however, that  the  provision  of  such  reproductive
    12  health  services  by a person duly licensed under the laws of this state
    13  and physically present in this state  and  the  provision  of  insurance
    14  coverage  for  such services or care shall be a legally protected health
    15  activity if the service or care is permitted  under  the  laws  of  this
    16  state, regardless of the patient's location.
    17    2. Except as required by federal law, no demand for the extradition of
    18  a  person  charged  with  [providing  an abortion] any legally protected
    19  health activity, shall be recognized by the governor unless  the  execu-
    20  tive  authority  of the demanding state shall allege in writing that the
    21  accused was physically present in the demanding state at the time of the
    22  commission of the alleged crime, and that thereafter  he,  she  or  they
    23  fled from that state.
    24    §  2. Subdivision 3-a of section 140.10 of the criminal procedure law,
    25  as added by chapter 219 of the laws of  2022,  is  amended  to  read  as
    26  follows:
    27    3-a.  A  police  officer  may not arrest any person for [performing or
    28  aiding in the performance of an abortion] any legally  protected  health
    29  activity  within this state, [or in procuring an abortion in this state,
    30  if the abortion is performed in accordance with the provisions of  arti-
    31  cle  twenty-five-A  of the public health law or any other applicable law
    32  of this state] as defined in section 570.17 of this chapter.
    33    § 3. Section 837-w of the executive law, as added by  chapter  219  of
    34  the  laws  of  2022,  is renumbered section 837-x and amended to read as
    35  follows:
    36    § 837-x. Cooperation with certain out-of-state investigations. 1.  For
    37  purposes  of  this  section, the following terms shall have the  follow-
    38  ing meanings:
    39    (a)  "Reproductive  health  services"  shall  have the same meaning as
    40  paragraph (a) of subdivision one  of  section  570.17  of  the  criminal
    41  procedure law; and
    42    (b) "Legally protected health activity" shall have the same meaning as
    43  paragraph  (b)  of  subdivision  one  of  section 570.17 of the criminal
    44  procedure law.
    45    2. No state or local [law enforcement agency] government  employee  or
    46  entity  or  other  person  acting on behalf of state or local government
    47  shall cooperate with or provide information to any individual or out-of-
    48  state agency or department regarding [the provision of a lawful abortion
    49  performed] any legally  protected  health  activity  occurring  in  this
    50  state,  or  otherwise  expend or use time, moneys, facilities, property,
    51  equipment, personnel or other resources in furtherance of  any  investi-
    52  gation or proceeding that seeks to impose civil or criminal liability or
    53  professional sanctions upon a person or entity for any legally protected
    54  health  activity  occurring in this state. Nothing in this section shall
    55  prohibit the investigation of any [criminal activity in this state which
    56  may involve the performance of an abortion] reproductive health services
        S. 1066--A                          3

     1  rendered in violation of the laws of this state, provided that no infor-
     2  mation relating to any medical procedure performed on a  specific  indi-
     3  vidual  may  be shared with an out-of-state agency or any other individ-
     4  ual.  Nothing  in  this  section shall prohibit compliance with a valid,
     5  court-issued subpoena or warrant which does not relate to a law  seeking
     6  to  impose  civil  or criminal liability or professional sanctions for a
     7  legally protected health activity, or in response to the written request
     8  of a person who is the subject of such an investigation  or  proceeding,
     9  to the extent necessary, in each case, to fulfill such request.
    10    §  4.  Subdivision  (g)  of section 3119 of the civil practice law and
    11  rules, as added by chapter 219 of the laws of 2022, is amended  to  read
    12  as follows:
    13    (g)   (1)   Out-of-state   [abortion]  proceedings  regarding  legally
    14  protected health activities. Notwithstanding  any  other  provisions  of
    15  this  section  or  any other law, no court or county clerk shall issue a
    16  subpoena  under this section in connection with an out-of-state proceed-
    17  ing relating to any [abortion services or procedures] legally  protected
    18  health  activity  which [were legally performed] occurred in this state,
    19  unless  such  out-of-state  proceeding  [(1)]  (i)  sounds  in  tort  or
    20  contract[,  or  is  based  on  statute], [(2)] (ii) is actionable, in an
    21  equivalent or similar manner, under the laws of this  state,  and  [(3)]
    22  (iii)  was brought by the patient who received reproductive [healthcare]
    23  health services as defined  in  paragraph  (a)  of  subdivision  one  of
    24  section  570.17  of  the  criminal procedure law, or the patient's legal
    25  representative, so long as the patient gives express consent.
    26    (2) For purposes of this subdivision,  the  terms  "legally  protected
    27  health  activity" and "reproductive health services" shall have the same
    28  meanings as defined in subdivision one of section 570.17 of the criminal
    29  procedure law.
    30    § 5. Subdivision (e) of section 3102 of the  civil  practice  law  and
    31  rules, as amended by chapter 219 of the laws of 2022, is amended to read
    32  as follows:
    33    (e)  Action  pending  in  another  jurisdiction. Except as provided in
    34  section three thousand one hundred nineteen of this article, when  under
    35  any mandate, writ or commission issued out of any court of record in any
    36  other  state,  territory,  district or foreign jurisdiction, or whenever
    37  upon notice or agreement, it is required to  take  the  testimony  of  a
    38  witness  in  the state, he or she may be compelled to appear and testify
    39  in the same manner and by the same process as may be  employed  for  the
    40  purpose of taking testimony in actions pending in the state. The supreme
    41  court  or  a  county  court  shall  make any appropriate order in aid of
    42  taking such a deposition; provided that no order  may  be  issued  under
    43  this  section  in connection with an out-of-state proceeding relating to
    44  any [abortion services or procedures] legally protected health activity,
    45  as defined in paragraph (b) of subdivision one of section 570.17 of  the
    46  criminal  procedure  law which [were legally performed] occurred in this
    47  state, unless  such  out-of-state  proceeding  (1)  sounds  in  tort  or
    48  contract[,  or is based on statute], (2) is actionable, in an equivalent
    49  or similar manner, under the laws of this state, and (3) was brought  by
    50  the  patient  who received reproductive [healthcare] health services, or
    51  the patient's legal representative.
    52    § 6. The civil practice law and rules  is  amended  by  adding  a  new
    53  section 4550 to read as follows:
    54    §  4550. Admissibility of evidence related to legally protected health
    55  activity.  Evidence relating to the involvement of a party  engaging  in
    56  one  or  more legally protected health activity, as defined in paragraph
        S. 1066--A                          4

     1  (b) of subdivision one of section 570.17 of the criminal procedure  law,
     2  relating  to providing reproductive health services to persons not phys-
     3  ically present in this state shall not be offered against such party  as
     4  evidence  that  such party has engaged in any wrongdoing, whether civil,
     5  criminal, professional, or otherwise by virtue  of  such  recipients  of
     6  such  services  not  being  physically present in this state. Nothing in
     7  this section shall prevent a party from  offering  such  evidence  in  a
     8  proceeding  that  (i) sounds in tort or contract, (ii) is actionable, in
     9  an equivalent or similar manner, under the laws of this state, and (iii)
    10  was brought by the patient who received reproductive health services, or
    11  the patient's legal representative.
    12    § 7. Section 3436-a of the insurance law, as added by chapter  221  of
    13  the laws of 2022, is amended to read as follows:
    14    §  3436-a.  Adverse  action against legal reproductive health care. 1.
    15  [Adverse action against  legal  reproductive  health  care.]  (a)  Every
    16  insurer  which issues or renews medical malpractice insurance covering a
    17  health care provider licensed to practice in  this  state,  whether  the
    18  health care provider is covered by a primary, excess or umbrella liabil-
    19  ity  policy,  shall be prohibited from taking any adverse action against
    20  a health care provider solely on the basis that the health care provider
    21  [performs an abortion or provides  reproductive  health  care]  provides
    22  reproductive health services, as defined in paragraph (a) of subdivision
    23  one  of  section  570.17 of the criminal procedure law, that is legal in
    24  the state of New York on someone who is from out  of  the  state.    The
    25  superintendent is expressly authorized to interpret "reproductive health
    26  services" as if such definition was stated within this article.
    27    (b)  Such  policy  shall  include  health  care  providers who legally
    28  prescribe abortion medication to out-of-state patients by means of tele-
    29  health.
    30    2. As used in this section, "adverse action" shall  mean  but  not  be
    31  limited  to:  (a)  refusing  to renew or execute a contract or agreement
    32  with a health care provider; (b) making a report  or  commenting  to  an
    33  appropriate  private  or governmental entity regarding practices of such
    34  provider which may violate  abortion  laws  in  other  states;  and  (c)
    35  increasing  in  any charge for, or a reduction or other adverse or unfa-
    36  vorable change in the terms of coverage or amount for, any medical malp-
    37  ractice insurance contract or agreement with a health care provider.
    38    § 8. Paragraph 36 of subsection (i) of section 3216 of  the  insurance
    39  law,  as added by section 1 of part R of chapter 57 of the laws of 2022,
    40  is amended to read as follows:
    41    (36) (A) Every policy which provides hospital,  surgical,  or  medical
    42  coverage  and  which offers maternity coverage pursuant to paragraph ten
    43  of this subsection shall also provide coverage for  [abortion  services]
    44  legally protected health activity, as defined in paragraph (b) of subdi-
    45  vision  one  of  section  570.17  of  the criminal procedure law, for an
    46  enrollee.  The  superintendent  is  expressly  authorized  to  interpret
    47  "legally  protected  health  activity"  as if such definition was stated
    48  within this article.
    49    (B) Coverage for [abortion] a legally protected  health  activity,  as
    50  defined  in  paragraph  (b)  of subdivision one of section 570.17 of the
    51  criminal procedure law, shall not be subject to  annual  deductibles  or
    52  coinsurance,  including co-payments, unless the policy is a high deduct-
    53  ible health plan as defined in section 223(c)(2) of the internal revenue
    54  code of 1986, in which case coverage for [abortion] a legally  protected
    55  health  activity,  as  defined  in  paragraph  (b) of subdivision one of
        S. 1066--A                          5

     1  section 570.17 of the criminal procedure  law  may  be  subject  to  the
     2  plan's annual deductible.
     3    §  9.  Paragraph 22 of subsection (k) of section 3221 of the insurance
     4  law, as added by section 2 of part R of chapter 57 of the laws of  2022,
     5  is amended to read as follows:
     6    (22)  (A)  Every  policy which provides hospital, surgical, or medical
     7  coverage and which offers maternity care coverage pursuant to  paragraph
     8  five  of  this  subsection  shall  also  provide  coverage for [abortion
     9  services] a legally protected health activity, as defined  in  paragraph
    10  (b)  of subdivision one of section 570.17 of the criminal procedure law,
    11  for an enrollee.  The superintendent is expressly authorized  to  inter-
    12  pret "legally protected health activity" as if such definition was stat-
    13  ed within this article.
    14    (B)  Coverage  for  [abortion] a legally protected health activity, as
    15  defined in paragraph (b) of subdivision one of  section  570.17  of  the
    16  criminal  procedure  law,  shall not be subject to annual deductibles or
    17  coinsurance, including co-payments, unless the policy is a high  deduct-
    18  ible health plan as defined in section 223(c)(2) of the internal revenue
    19  code  of  1986,  in which case coverage for [abortion] legally protected
    20  health activity, as defined in  paragraph  (b)  of  subdivision  one  of
    21  section  570.17  of  the  criminal  procedure law, may be subject to the
    22  plan's annual deductible.
    23    (C) Notwithstanding any other provision, a group policy that  provides
    24  hospital,  surgical, or medical expense coverage delivered or issued for
    25  delivery in this state to a religious employer, as defined in  item  one
    26  of  subparagraph  (E)  of  paragraph  sixteen  of subsection (l) of this
    27  section, may exclude coverage for [abortion]  legally  protected  health
    28  activity,  as  defined  in  paragraph  (b) of subdivision one of section
    29  570.17 of the criminal procedure law, only if the insurer:
    30    (i) obtains an annual certification from the group  policyholder  that
    31  the policyholder is a religious employer and that the religious employer
    32  requests  a  policy  without  coverage  for [abortion] legally protected
    33  health activity, as defined in  paragraph  (b)  of  subdivision  one  of
    34  section 570.17 of the criminal procedure law;
    35    (ii)  issues  a  rider  to each certificate holder at no premium to be
    36  charged to the certificate holder or religious employer for  the  rider,
    37  that provides coverage for [abortion] legally protected health activity,
    38  as  defined in paragraph (b) of subdivision one of section 570.17 of the
    39  criminal procedure law, subject to the same rules  as  would  have  been
    40  applied  to  the  same category of treatment in the policy issued to the
    41  religious employer. The rider shall clearly  and  conspicuously  specify
    42  that  the  religious  employer  does  not administer [abortion] benefits
    43  regarding legally protected health activity, as defined in paragraph (b)
    44  of subdivision one of section 570.17 of the criminal procedure law,  but
    45  that  the  insurer is issuing a rider for coverage of [abortion] legally
    46  protected health activity, as defined in paragraph  (b)  of  subdivision
    47  one  of  section 570.17 of the criminal procedure law, and shall provide
    48  the insurer's contact information for questions; and
    49    (iii) provides notice of the issuance of the policy and rider  to  the
    50  superintendent in a form and manner acceptable to the superintendent.
    51    §  10.  Subsection (ss) of section 4303 of the insurance law, as added
    52  by section 3 of part R of chapter 57 of the laws of 2022, is amended  to
    53  read as follows:
    54    (ss)(1)  Every  policy  which  provides hospital, surgical, or medical
    55  coverage and which offers maternity care coverage pursuant to subsection
    56  (c) of this section shall also provide coverage for [abortion  services]
        S. 1066--A                          6

     1  legally protected health activity, as defined in paragraph (b) of subdi-
     2  vision  one  of  section  570.17  of  the criminal procedure law, for an
     3  enrollee.   The superintendent  is  expressly  authorized  to  interpret
     4  "legally  protected  health  activity"  as if such definition was stated
     5  within this article.
     6    (2) Coverage for [abortion]  legally  protected  health  activity,  as
     7  defined  in  paragraph  (b)  of subdivision one of section 570.17 of the
     8  criminal procedure law, shall not be subject to  annual  deductibles  or
     9  coinsurance,  including co-payments, unless the policy is a high deduct-
    10  ible health plan as defined in section 223(c)(2) of the internal revenue
    11  code of 1986, in which case coverage for  [abortion]  legally  protected
    12  health  activity,  as  defined  in  paragraph  (b) of subdivision one of
    13  section 570.17 of the criminal procedure law,  may  be  subject  to  the
    14  plan's annual deductible.
    15    (3)  Notwithstanding any other provision, a group policy that provides
    16  hospital, surgical, or medical expense coverage delivered or issued  for
    17  delivery  in this state to a religious employer, as defined in paragraph
    18  five of subsection (cc)  of  this  section,  may  exclude  coverage  for
    19  [abortion]  legally  protected  health activity, as defined in paragraph
    20  (b) of subdivision one of section 570.17 of the criminal procedure  law,
    21  only if the insurer:
    22    (A)  obtains an annual certification from the group policy holder that
    23  the policy holder is a religious employer and that the religious employ-
    24  er requests a contract without coverage for [abortion] legally protected
    25  health activity, as defined in  paragraph  (b)  of  subdivision  one  of
    26  section 570.17 of the criminal procedure law;
    27    (B)  issues  a  rider  to  each certificate holder at no premium to be
    28  charged to the certificate holder or religious employer for  the  rider,
    29  that  provides  coverage for [abortions] legally protected health activ-
    30  ity, as defined in paragraph (b) of subdivision one of section 570.17 of
    31  the criminal procedure law, subject to the same rules as would have been
    32  applied to the same category of treatment in the policy  issued  to  the
    33  religious  employer.  The  rider shall clearly and conspicuously specify
    34  that the religious employer  does  not  administer  [abortion]  benefits
    35  regarding legally protected health activity, as defined in paragraph (b)
    36  of  subdivision one of section 570.17 of the criminal procedure law, but
    37  that the insurer is issuing a rider for coverage of  [abortion]  legally
    38  protected  health  activity,  as defined in paragraph (b) of subdivision
    39  one of section 570.17 of the criminal procedure law, and  shall  provide
    40  the insurer's contact information for questions; and
    41    (C)  provides  notice  of  the issuance of the policy and rider to the
    42  superintendent in a form and manner acceptable to the superintendent.
    43    § 11. Subdivision 2 of section 6531-b of the education law,  as  added
    44  by chapter 220 of the laws of 2022, is amended to read as follows:
    45    2.  The  performance, recommendation, or provision of any reproductive
    46  health services as defined in subdivision one of this  section,  or  any
    47  legally  protected health activity as defined in paragraph (b) of subdi-
    48  vision one of section 570.17 of the criminal procedure law, by a  health
    49  care  practitioner  acting within their scope of practice, for a patient
    50  who resides in a  state  wherein  the  performance,  recommendation,  or
    51  provision of such reproductive health services is illegal, shall not, by
    52  itself,  constitute  professional  misconduct under this title, or title
    53  two-A of article two of the public health law, or any other law, rule or
    54  regulation governing the licensure, certification, or  authorization  of
    55  such practitioner, nor shall any license, certification or authorization
    56  of  a  health  care  practitioner  be revoked, suspended, or annulled or
        S. 1066--A                          7

     1  otherwise subject to any other penalty or  discipline  provided  in  the
     2  public  health  law  or  this title solely on the basis that such health
     3  care practitioner performed, recommended, or provided any such reproduc-
     4  tive  health  services  for a patient who resides in a state wherein the
     5  performance, recommendation, or provision of  such  reproductive  health
     6  services is illegal.
     7    §  12.  Severability. If any provision of this act, or any application
     8  of any provision of this act, is held to  be  invalid,  that  shall  not
     9  affect the validity or effectiveness of any other provision of this act,
    10  any  other  application  of  any  provision  of  this  act, or any other
    11  provision of any law or code amended by this act.
    12    § 13. Choice of laws. This act shall be exclusively  governed  by  and
    13  construed  pursuant to the laws of the state of New York, without giving
    14  effect to any choice of law principles thereunder.
    15    § 14. Conflict of laws. To the extent that any laws in  the  state  of
    16  New York conflict with this act, this act shall govern.
    17    § 15. This act shall take effect immediately.