Bill Text: NJ A1688 | 2024-2025 | Regular Session | Introduced
Bill Title: Permits suit for abusive litigation for interference with legally protected health care activity or reproductive health care services under certain circumstances.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2024-01-09 - Introduced, Referred to Assembly Judiciary Committee [A1688 Detail]
Download: New_Jersey-2024-A1688-Introduced.html
STATE OF NEW JERSEY
221st LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2024 SESSION
Sponsored by:
Assemblyman REGINALD W. ATKINS
District 20 (Union)
Assemblyman WILLIAM B. SAMPSON, IV
District 31 (Hudson)
SYNOPSIS
Permits suit for abusive litigation for interference with legally protected health care activity or reproductive health care services under certain circumstances.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel.
An Act concerning protections for reproductive health care services and supplementing P.L.2022, c.51.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. As used in this section:
"Abusive litigation" means litigation or other legal action to deter, prevent, sanction, or punish a person engaging in legally protected health care activity or reproductive health care services by engaging in conduct that constitutes any of the following:
(1) Filing or prosecuting an action in another jurisdiction where liability, in whole or part, directly or indirectly, including any action in which liability is based on a theory of vicarious, joint, or several liability, is based on a legally protected health care activity that occurred in this State or where the health care professional provided reproductive health care services, including medical advice, counseling, or prescribing medication or medical implements, while the health care professional was physically located in this State but the patient was not physically located in this State. A lawsuit shall be considered to be based on conduct that occurred in this State if a part of an act or omission involved in the course of conduct that forms the basis for liability in the lawsuit occurs or is initiated in this State, whether or not the act or omission is alleged or included in a pleading or other filing in the lawsuit;
(2) Attempting to enforce an order or judgment issued in connection with an action described in paragraph (1) of this subsection by a party to the action or a person acting on behalf of a party to the action; or
(3) Attempting to enforce an order or judgment from another jurisdiction that violates the provisions of section 1 of P.L.2022, c.50 (C.2A:160-14.1).
"Health care professional" means a person who is licensed or otherwise authorized, pursuant to Title 45 of the Revised Statutes, to provide health care services in the State, including, but not limited to, a physician, nurse, or physician assistant.
"Legally protected health care activity" means any activity as described in section 2 of P.L.2021, c.375 (C.10:7-2).
"Reproductive health care services" means all medical, surgical, counseling, or referral services relating to the human reproductive system including, but not limited to, services relating to pregnancy, contraception, or termination of a pregnancy.
b. If any person, including a plaintiff, prosecutor, attorney, or law firm, whether or not acting under color of law of another jurisdiction, engages or attempts to engage in abusive litigation that infringes on or interferes with, or attempts to infringe on or interfere with, a legally protected health care activity or the provision of reproductive healthcare services, an aggrieved person, health care professional, or entity that employs or contracts the health care professional, including a defendant in the abusive litigation, may institute and prosecute a civil action for injunctive, monetary, or other appropriate relief within three years after the cause of action accrues.
2. This act shall take effect immediately.
STATEMENT
This bill permits lawsuits for abusive litigation for the interference with a legally protected health care activity or reproductive health care services under certain circumstances.
P.L.2021, c.375 provides that all individuals in the State have the fundamental right to choose or refuse contraception or sterilization, and choose whether to carry a pregnancy, give birth, or terminate a pregnancy. Under P.L.2022, c.50, the Governor is prohibited from cooperating in the extradition of a person in New Jersey, who is charged in another state that is making the demand for extradition, with providing, receiving, assisting in providing or receiving, providing material support for, or traveling to obtain, reproductive health care services that are permitted under New Jersey law. Under P.L.2022, c.51, a health care professional is prohibited, in any civil action, from disclosing communications or information concerning the patient's reproductive health care services, unless the patient or the patient's legal representative explicitly consented in writing.
This bill expands those protections to provide that if any person, including a plaintiff, prosecutor, attorney, or law firm, whether or not acting under color of law of another jurisdiction, engages or attempts to engage in abusive litigation that infringes on or interferes with, or attempts to infringe on or interfere with, a legally protected health care activity or the provision of reproductive healthcare services, an aggrieved person, health care professional, or entity that employs or contracts the health care professional, including a defendant in the abusive litigation, may institute and prosecute a civil action for injunctive, monetary, or other appropriate relief within three years after the cause of action accrues.
