Bill Text: NY A01709 | 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 43-0)

Status: (Introduced) 2023-06-06 - substituted by s1066b [A01709 Detail]

Download: New_York-2023-A01709-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         1709--A

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    January 20, 2023
                                       ___________

        Introduced  by  M.  of  A.  REYES, PAULIN, OTIS, DINOWITZ, BURGOS, RAGA,
          SHRESTHA, FORREST, DICKENS, O'DONNELL -- read once and referred to the
          Committee on Codes --  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
    21  constitution or the laws of this state, provided that such  provider  is
    22  physically present in the state:

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04071-03-3
        A. 1709--A                          2

     1    (i)  the  exercise  or  attempted  exercise by any person of rights to
     2  reproductive health services as secured by the constitution or  laws  of
     3  this  state  or the provision of insurance coverage for such services or
     4  care; and
     5    (ii) any act or omission undertaken to aid or encourage, or attempt to
     6  aid  or  encourage,  any person in the exercise or attempted exercise of
     7  rights to reproductive health services as secured by the constitution or
     8  laws of this state, or to provide insurance coverage for  such  services
     9  or  care;  provided,  however,  that  the provision of such reproductive
    10  health services by a person duly licensed under the laws of  this  state
    11  and  physically  present  in  this  state and the provision of insurance
    12  coverage for such services or care shall be a legally  protected  health
    13  activity  if  the  service  or  care is permitted under the laws of this
    14  state, regardless of the patient's location.
    15    2. Except as required by federal law, no demand for the extradition of
    16  a person charged with [providing  an  abortion]  any  legally  protected
    17  health  activity,  shall be recognized by the governor unless the execu-
    18  tive authority of the demanding state shall allege in writing  that  the
    19  accused was physically present in the demanding state at the time of the
    20  commission  of  the  alleged  crime, and that thereafter he, she or they
    21  fled from that state.
    22    § 2. Subdivision 3-a of section 140.10 of the criminal procedure  law,
    23  as  added  by  chapter  219  of  the laws of 2022, is amended to read as
    24  follows:
    25    3-a. A police officer may not arrest any  person  for  [performing  or
    26  aiding  in  the performance of an abortion] any legally protected health
    27  activity within this state, [or in procuring an abortion in this  state,
    28  if  the abortion is performed in accordance with the provisions of arti-
    29  cle twenty-five-A of the public health law or any other  applicable  law
    30  of this state] as defined in section 570.17 of this chapter.
    31    §  3.  Section  837-w of the executive law, as added by chapter 219 of
    32  the laws of 2022, is renumbered section 837-x and  amended  to  read  as
    33  follows:
    34    § 837-x. Cooperation with certain out-of-state investigations. 1.  For
    35  purposes   of  this  section, the following terms shall have the follow-
    36  ing meanings:
    37    (a) "Reproductive health services" shall  have  the  same  meaning  as
    38  paragraph  (a)  of  subdivision  one  of  section 570.17 of the criminal
    39  procedure law; and
    40    (b) "Legally protected health activity" shall have the same meaning as
    41  paragraph (b) of subdivision one  of  section  570.17  of  the  criminal
    42  procedure law.
    43    2.  No  state or local [law enforcement agency] government employee or
    44  entity or other person acting on behalf of  state  or  local  government
    45  shall cooperate with or provide information to any individual or out-of-
    46  state agency or department regarding [the provision of a lawful abortion
    47  performed]  any  legally  protected  health  activity  occurring in this
    48  state, or otherwise expend or use time,  moneys,  facilities,  property,
    49  equipment,  personnel  or other resources in furtherance of any investi-
    50  gation or proceeding that seeks to impose civil or criminal liability or
    51  professional sanctions upon a person or entity for any legally protected
    52  health activity occurring in this state. Nothing in this  section  shall
    53  prohibit the investigation of any [criminal activity in this state which
    54  may involve the performance of an abortion] reproductive health services
    55  rendered in violation of the laws of this state, provided that no infor-
    56  mation  relating  to any medical procedure performed on a specific indi-
        A. 1709--A                          3

     1  vidual may be shared with an out-of-state agency or any  other  individ-
     2  ual.  Nothing  in  this  section shall prohibit compliance with a valid,
     3  court-issued subpoena or warrant which does not relate to a law  seeking
     4  to  impose  civil  or criminal liability or professional sanctions for a
     5  legally protected health activity, or in response to the written request
     6  of a person who is the subject of such an investigation  or  proceeding,
     7  to the extent necessary, in each case, to fulfill such request.
     8    §  4.  Subdivision  (g)  of section 3119 of the civil practice law and
     9  rules, as added by chapter 219 of the laws of 2022, is amended  to  read
    10  as follows:
    11    (g)   (1)   Out-of-state   [abortion]  proceedings  regarding  legally
    12  protected health activities. Notwithstanding  any  other  provisions  of
    13  this  section  or  any other law, no court or county clerk shall issue a
    14  subpoena  under this section in connection with an out-of-state proceed-
    15  ing relating to any [abortion services or procedures] legally  protected
    16  health  activity  which [were legally performed] occurred in this state,
    17  unless  such  out-of-state  proceeding  [(1)]  (i)  sounds  in  tort  or
    18  contract[,  or  is  based  on  statute], [(2)] (ii) is actionable, in an
    19  equivalent or similar manner, under the laws of this  state,  and  [(3)]
    20  (iii)  was brought by the patient who received reproductive [healthcare]
    21  health services as defined  in  paragraph  (a)  of  subdivision  one  of
    22  section  570.17  of  the  criminal procedure law, or the patient's legal
    23  representative, so long as the patient gives express consent.
    24    (2) For purposes of this subdivision,  the  terms  "legally  protected
    25  health  activity" and "reproductive health services" shall have the same
    26  meanings as defined in subdivision one of section 570.17 of the criminal
    27  procedure law.
    28    § 5. Subdivision (e) of section 3102 of the  civil  practice  law  and
    29  rules, as amended by chapter 219 of the laws of 2022, is amended to read
    30  as follows:
    31    (e)  Action  pending  in  another  jurisdiction. Except as provided in
    32  section three thousand one hundred nineteen of this article, when  under
    33  any mandate, writ or commission issued out of any court of record in any
    34  other  state,  territory,  district or foreign jurisdiction, or whenever
    35  upon notice or agreement, it is required to  take  the  testimony  of  a
    36  witness  in  the state, he or she may be compelled to appear and testify
    37  in the same manner and by the same process as may be  employed  for  the
    38  purpose of taking testimony in actions pending in the state. The supreme
    39  court  or  a  county  court  shall  make any appropriate order in aid of
    40  taking such a deposition; provided that no order  may  be  issued  under
    41  this  section  in connection with an out-of-state proceeding relating to
    42  any [abortion services or procedures] legally protected health activity,
    43  as defined in paragraph (b) of subdivision one of section 570.17 of  the
    44  criminal  procedure  law which [were legally performed] occurred in this
    45  state, unless  such  out-of-state  proceeding  (1)  sounds  in  tort  or
    46  contract[,  or is based on statute], (2) is actionable, in an equivalent
    47  or similar manner, under the laws of this state, and (3) was brought  by
    48  the  patient  who received reproductive [healthcare] health services, or
    49  the patient's legal representative.
    50    § 6. The civil practice law and rules  is  amended  by  adding  a  new
    51  section 4550 to read as follows:
    52    §  4550. Admissibility of evidence related to legally protected health
    53  activity.  Evidence relating to the involvement of a party  engaging  in
    54  one  or  more legally protected health activity, as defined in paragraph
    55  (b) of subdivision one of section 570.17 of the criminal procedure  law,
    56  relating  to providing reproductive health services to persons not phys-
        A. 1709--A                          4

     1  ically present in this state shall not be offered against such party  as
     2  evidence  that  such party has engaged in any wrongdoing, whether civil,
     3  criminal, professional, or otherwise by virtue  of  such  recipients  of
     4  such  services  not  being  physically present in this state. Nothing in
     5  this section shall prevent a party from  offering  such  evidence  in  a
     6  proceeding  that  (i) sounds in tort or contract, (ii) is actionable, in
     7  an equivalent or similar manner, under the laws of this state, and (iii)
     8  was brought by the patient who received reproductive health services, or
     9  the patient's legal representative.
    10    § 7. Section 3436-a of the insurance law, as added by chapter  221  of
    11  the laws of 2022, is amended to read as follows:
    12    §  3436-a.  Adverse  action against legal reproductive health care. 1.
    13  [Adverse action against  legal  reproductive  health  care.]  (a)  Every
    14  insurer  which issues or renews medical malpractice insurance covering a
    15  health care provider licensed to practice in  this  state,  whether  the
    16  health care provider is covered by a primary, excess or umbrella liabil-
    17  ity  policy,  shall be prohibited from taking any adverse action against
    18  a health care provider solely on the basis that the health care provider
    19  [performs an abortion or provides  reproductive  health  care]  provides
    20  reproductive health services, as defined in paragraph (a) of subdivision
    21  one  of  section  570.17 of the criminal procedure law, that is legal in
    22  the state of New York on someone who is from out  of  the  state.    The
    23  superintendent is expressly authorized to interpret "reproductive health
    24  services" as if such definition was stated within this article.
    25    (b)  Such  policy  shall  include  health  care  providers who legally
    26  prescribe abortion medication to out-of-state patients by means of tele-
    27  health.
    28    2. As used in this section, "adverse action" shall  mean  but  not  be
    29  limited  to:  (a)  refusing  to renew or execute a contract or agreement
    30  with a health care provider; (b) making a report  or  commenting  to  an
    31  appropriate  private  or governmental entity regarding practices of such
    32  provider which may violate  abortion  laws  in  other  states;  and  (c)
    33  increasing  in  any charge for, or a reduction or other adverse or unfa-
    34  vorable change in the terms of coverage or amount for, any medical malp-
    35  ractice insurance contract or agreement with a health care provider.
    36    § 8. Paragraph 36 of subsection (i) of section 3216 of  the  insurance
    37  law,  as added by section 1 of part R of chapter 57 of the laws of 2022,
    38  is amended to read as follows:
    39    (36) (A) Every policy which provides hospital,  surgical,  or  medical
    40  coverage  and  which offers maternity coverage pursuant to paragraph ten
    41  of this subsection shall also provide coverage for  [abortion  services]
    42  legally protected health activity, as defined in paragraph (b) of subdi-
    43  vision  one  of  section  570.17  of  the criminal procedure law, for an
    44  enrollee.  The  superintendent  is  expressly  authorized  to  interpret
    45  "legally  protected  health  activity"  as if such definition was stated
    46  within this article.
    47    (B) Coverage for [abortion] a legally protected  health  activity,  as
    48  defined  in  paragraph  (b)  of subdivision one of section 570.17 of the
    49  criminal procedure law, shall not be subject to  annual  deductibles  or
    50  coinsurance,  including co-payments, unless the policy is a high deduct-
    51  ible health plan as defined in section 223(c)(2) of the internal revenue
    52  code of 1986, in which case coverage for [abortion] a legally  protected
    53  health  activity,  as  defined  in  paragraph  (b) of subdivision one of
    54  section 570.17 of the criminal procedure  law  may  be  subject  to  the
    55  plan's annual deductible.
        A. 1709--A                          5

     1    §  9.  Paragraph 22 of subsection (k) of section 3221 of the insurance
     2  law, as added by section 2 of part R of chapter 57 of the laws of  2022,
     3  is amended to read as follows:
     4    (22)  (A)  Every  policy which provides hospital, surgical, or medical
     5  coverage and which offers maternity care coverage pursuant to  paragraph
     6  five  of  this  subsection  shall  also  provide  coverage for [abortion
     7  services] a legally protected health activity, as defined  in  paragraph
     8  (b)  of subdivision one of section 570.17 of the criminal procedure law,
     9  for an enrollee.  The superintendent is expressly authorized  to  inter-
    10  pret "legally protected health activity" as if such definition was stat-
    11  ed within this article.
    12    (B)  Coverage  for  [abortion] a legally protected health activity, as
    13  defined in paragraph (b) of subdivision one of  section  570.17  of  the
    14  criminal  procedure  law,  shall not be subject to annual deductibles or
    15  coinsurance, including co-payments, unless the policy is a high  deduct-
    16  ible health plan as defined in section 223(c)(2) of the internal revenue
    17  code  of  1986,  in which case coverage for [abortion] legally protected
    18  health activity, as defined in  paragraph  (b)  of  subdivision  one  of
    19  section  570.17  of  the  criminal  procedure law, may be subject to the
    20  plan's annual deductible.
    21    (C) Notwithstanding any other provision, a group policy that  provides
    22  hospital,  surgical, or medical expense coverage delivered or issued for
    23  delivery in this state to a religious employer, as defined in  item  one
    24  of  subparagraph  (E)  of  paragraph  sixteen  of subsection (l) of this
    25  section, may exclude coverage for [abortion]  legally  protected  health
    26  activity,  as  defined  in  paragraph  (b) of subdivision one of section
    27  570.17 of the criminal procedure law, only if the insurer:
    28    (i) obtains an annual certification from the group  policyholder  that
    29  the policyholder is a religious employer and that the religious employer
    30  requests  a  policy  without  coverage  for [abortion] legally protected
    31  health activity, as defined in  paragraph  (b)  of  subdivision  one  of
    32  section 570.17 of the criminal procedure law;
    33    (ii)  issues  a  rider  to each certificate holder at no premium to be
    34  charged to the certificate holder or religious employer for  the  rider,
    35  that provides coverage for [abortion] legally protected health activity,
    36  as  defined in paragraph (b) of subdivision one of section 570.17 of the
    37  criminal procedure law, subject to the same rules  as  would  have  been
    38  applied  to  the  same category of treatment in the policy issued to the
    39  religious employer. The rider shall clearly  and  conspicuously  specify
    40  that  the  religious  employer  does  not administer [abortion] benefits
    41  regarding legally protected health activity, as defined in paragraph (b)
    42  of subdivision one of section 570.17 of the criminal procedure law,  but
    43  that  the  insurer is issuing a rider for coverage of [abortion] legally
    44  protected health activity, as defined in paragraph  (b)  of  subdivision
    45  one  of  section 570.17 of the criminal procedure law, and shall provide
    46  the insurer's contact information for questions; and
    47    (iii) provides notice of the issuance of the policy and rider  to  the
    48  superintendent in a form and manner acceptable to the superintendent.
    49    §  10.  Subsection (ss) of section 4303 of the insurance law, as added
    50  by section 3 of part R of chapter 57 of the laws of 2022, is amended  to
    51  read as follows:
    52    (ss)(1)  Every  policy  which  provides hospital, surgical, or medical
    53  coverage and which offers maternity care coverage pursuant to subsection
    54  (c) of this section shall also provide coverage for [abortion  services]
    55  legally protected health activity, as defined in paragraph (b) of subdi-
    56  vision  one  of  section  570.17  of  the criminal procedure law, for an
        A. 1709--A                          6

     1  enrollee.   The superintendent  is  expressly  authorized  to  interpret
     2  "legally  protected  health  activity"  as if such definition was stated
     3  within this article.
     4    (2)  Coverage  for  [abortion]  legally  protected health activity, as
     5  defined in paragraph (b) of subdivision one of  section  570.17  of  the
     6  criminal  procedure  law,  shall not be subject to annual deductibles or
     7  coinsurance, including co-payments, unless the policy is a high  deduct-
     8  ible health plan as defined in section 223(c)(2) of the internal revenue
     9  code  of  1986,  in which case coverage for [abortion] legally protected
    10  health activity, as defined in  paragraph  (b)  of  subdivision  one  of
    11  section  570.17  of  the  criminal  procedure law, may be subject to the
    12  plan's annual deductible.
    13    (3) Notwithstanding any other provision, a group policy that  provides
    14  hospital,  surgical, or medical expense coverage delivered or issued for
    15  delivery in this state to a religious employer, as defined in  paragraph
    16  five  of  subsection  (cc)  of  this  section,  may exclude coverage for
    17  [abortion] legally protected health activity, as  defined  in  paragraph
    18  (b)  of subdivision one of section 570.17 of the criminal procedure law,
    19  only if the insurer:
    20    (A) obtains an annual certification from the group policy holder  that
    21  the policy holder is a religious employer and that the religious employ-
    22  er requests a contract without coverage for [abortion] legally protected
    23  health  activity,  as  defined  in  paragraph  (b) of subdivision one of
    24  section 570.17 of the criminal procedure law;
    25    (B) issues a rider to each certificate holder  at  no  premium  to  be
    26  charged  to  the certificate holder or religious employer for the rider,
    27  that provides coverage for [abortions] legally protected  health  activ-
    28  ity, as defined in paragraph (b) of subdivision one of section 570.17 of
    29  the criminal procedure law, subject to the same rules as would have been
    30  applied  to  the  same category of treatment in the policy issued to the
    31  religious employer. The rider shall clearly  and  conspicuously  specify
    32  that  the  religious  employer  does  not administer [abortion] benefits
    33  regarding legally protected health activity, as defined in paragraph (b)
    34  of subdivision one of section 570.17 of the criminal procedure law,  but
    35  that  the  insurer is issuing a rider for coverage of [abortion] legally
    36  protected health activity, as defined in paragraph  (b)  of  subdivision
    37  one  of  section 570.17 of the criminal procedure law, and shall provide
    38  the insurer's contact information for questions; and
    39    (C) provides notice of the issuance of the policy  and  rider  to  the
    40  superintendent in a form and manner acceptable to the superintendent.
    41    §  11.  Subdivision 2 of section 6531-b of the education law, as added
    42  by chapter 220 of the laws of 2022, is amended to read as follows:
    43    2. The performance, recommendation, or provision of  any  reproductive
    44  health  services  as  defined in subdivision one of this section, or any
    45  legally protected health activity as defined in paragraph (b) of  subdi-
    46  vision  one of section 570.17 of the criminal procedure law, by a health
    47  care practitioner acting within their scope of practice, for  a  patient
    48  who  resides  in  a  state  wherein  the performance, recommendation, or
    49  provision of such reproductive health services is illegal, shall not, by
    50  itself, constitute professional misconduct under this  title,  or  title
    51  two-A of article two of the public health law, or any other law, rule or
    52  regulation  governing  the licensure, certification, or authorization of
    53  such practitioner, nor shall any license, certification or authorization
    54  of a health care practitioner be  revoked,  suspended,  or  annulled  or
    55  otherwise  subject  to  any  other penalty or discipline provided in the
    56  public health law or this title solely on the  basis  that  such  health
        A. 1709--A                          7

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