Bill Text: NY S09080 | 2021-2022 | General Assembly | Amended

New York Senate Bill 9080 (Prior Session Legislation)

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 12-0)

Status: (Passed) 2022-06-13 - SIGNED CHAP.221 [S09080 Detail]

Download: New_York-2021-S09080-Amended.html




                STATE OF NEW YORK
        ________________________________________________________________________

                                         9080--B

                    IN SENATE

                                       May 9, 2022
                                       ___________

        Introduced  by  Sens. HINCHEY, CLEARE, COONEY, JACKSON, LIU, MAY, MAYER,
          RIVERA -- read twice and ordered  printed,  and  when  printed  to  be
          committed  to the Committee on Insurance -- committee discharged, bill
          amended, ordered reprinted as amended and recommitted to said  commit-
          tee  --  committee  discharged,  bill  amended,  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.
                                                                   LBD15073-06-2