Bill Text: NY A09718 | 2021-2022 | General Assembly | Amended

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Bill Title: Prohibits medical malpractice insurance companies from taking any adverse action against an abortion or reproductive health care provider who performs an abortion or provides reproductive health care that is legal in the state of New York on someone who is from out of the state.

Spectrum: Partisan Bill (Democrat 32-0)

Status: (Introduced - Dead) 2022-06-02 - substituted by s9080b [A09718 Detail]

Download: New_York-2021-A09718-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         9718--B

                   IN ASSEMBLY

                                     March 28, 2022
                                       ___________

        Introduced  by M. of A. L. ROSENTHAL, FAHY, GALEF, GALLAGHER, SEAWRIGHT,
          CRUZ, CLARK, SIMON, DAVILA, GONZALEZ-ROJAS, GRIFFIN, DICKENS, EPSTEIN,
          ENGLEBRIGHT, GOTTFRIED, JACOBSON, COOK, ZEBROWSKI, OTIS --  read  once
          and  referred  to  the Committee on Insurance -- committee discharged,
          bill amended, ordered reprinted as amended  and  recommitted  to  said
          committee  --  again  reported  from  said  committee with amendments,
          ordered reprinted as amended and recommitted to said committee

        AN ACT to amend the insurance law, in relation  to  prohibiting  medical
          malpractice insurance companies from taking any adverse action against
          a  reproductive  health  care provider who provides legal reproductive
          health care

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section 1. The insurance law is amended by adding a new section 3436-a
     2  to read as follows:
     3    §  3436-a.  1.  Adverse action against legal reproductive health care.
     4  Every insurer which  issues  or  renews  medical  malpractice  insurance
     5  covering a health care provider licensed to practice in this state shall
     6  be  prohibited  from  taking  any  adverse  action against a health care
     7  provider solely on the basis that the health care provider  performs  an
     8  abortion or provides reproductive health care that is legal in the state
     9  of  New  York on someone who is from out of the state. Such policy shall
    10  include health care providers who legally prescribe abortion  medication
    11  to out-of-state patients by means of telehealth.
    12    2.  As  used  in  this section, "adverse action" shall mean but not be
    13  limited to: (a) refusing to renew or execute  a  contract  or  agreement
    14  with  a  health  care  provider; (b) making a report or commenting to an
    15  appropriate private or governmental entity regarding practices  of  such
    16  provider  which  may  violate  abortion  laws  in  other states; and (c)
    17  increasing in any charge for, or a reduction or other adverse  or  unfa-
    18  vorable change in the terms of coverage or amount for, any medical malp-
    19  ractice insurance contract or agreement with a health care provider.
    20    § 2. This act shall take effect immediately.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15073-07-2