S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10116
 
                           I N  A S S E M B L Y
 
                              April 29, 2022
                                ___________
 
 Introduced by M. of A. ABINANTI -- read once and referred to the Commit-
   tee on Codes
 
 AN ACT to amend the civil practice law and rules, the criminal procedure
   law and the executive law, in relation to the provision of protections
   for  persons receiving and providing reproductive health care services
   in the state and access to reproductive health care  services  in  the
   state

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The civil practice law and rules is amended by adding a new
 section 5108 to read as follows:
   § 5108. RELIEF FROM  JUDGMENT  RELATED  TO  REPRODUCTIVE  HEALTH  CARE
 SERVICES. 1. AS USED IN THIS SECTION:
   (A)  "REPRODUCTIVE  HEALTH CARE SERVICES" INCLUDES ALL MEDICAL, SURGI-
 CAL, COUNSELING OR REFERRAL SERVICES RELATING TO THE HUMAN  REPRODUCTIVE
 SYSTEM,  INCLUDING,  BUT NOT LIMITED TO, SERVICES RELATING TO PREGNANCY,
 CONTRACEPTION OR THE TERMINATION OF A PREGNANCY; AND
   (B) "PERSON" INCLUDES AN INDIVIDUAL, A PARTNERSHIP, AN ASSOCIATION,  A
 LIMITED LIABILITY COMPANY OR A CORPORATION.
   2.  WHEN ANY PERSON HAS HAD A JUDGMENT ENTERED AGAINST SUCH PERSON, IN
 ANY STATE, WHERE LIABILITY, IN WHOLE OR IN PART, IS BASED ON THE ALLEGED
 PROVISION, RECEIPT, ASSISTANCE IN RECEIPT OR PROVISION, SUPPORT FOR,  OR
 ANY  THEORY OF VICARIOUS, JOINT, SEVERAL OR CONSPIRACY LIABILITY DERIVED
 THEREFROM, FOR REPRODUCTIVE HEALTH  CARE  SERVICES  THAT  ARE  PERMITTED
 UNDER  THE  LAWS OF THIS STATE, SUCH PERSON MAY RECOVER DAMAGES FROM ANY
 PARTY THAT BROUGHT THE ACTION LEADING TO THAT JUDGMENT OR HAS SOUGHT  TO
 ENFORCE THAT JUDGMENT.  RECOVERABLE DAMAGES SHALL INCLUDE:
   (A)  JUST  DAMAGES  CREATED  BY  THE ACTION THAT LED TO THAT JUDGMENT,
 INCLUDING, BUT NOT LIMITED TO, MONEY DAMAGES IN THE AMOUNT OF THE  JUDG-
 MENT  IN  THAT OTHER STATE AND COSTS, EXPENSES AND REASONABLE ATTORNEYS'
 FEES SPENT IN DEFENDING THE ACTION THAT RESULTED IN THE ENTRY OF A JUDG-
 MENT IN ANOTHER STATE; AND
   (B) COSTS, EXPENSES AND REASONABLE ATTORNEYS' FEES INCURRED IN  BRING-
 ING AN ACTION UNDER THIS SECTION AS MAY BE ALLOWED BY THE COURT.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD15482-01-2
 A. 10116                            2
 
   3.  THE  PROVISIONS  OF  THIS  SECTION  SHALL  NOT APPLY TO A JUDGMENT
 ENTERED IN ANOTHER STATE THAT IS BASED ON:
   (A)  AN  ACTION  FOUNDED IN TORT, CONTRACT OR STATUTE, AND FOR WHICH A
 SIMILAR CLAIM WOULD EXIST UNDER THE LAWS OF THIS STATE, BROUGHT  BY  THE
 PATIENT  WHO  RECEIVED  THE REPRODUCTIVE HEALTH CARE SERVICES UPON WHICH
 THE ORIGINAL LAWSUIT WAS BASED OR THE PATIENT'S AUTHORIZED LEGAL  REPRE-
 SENTATIVE,  FOR  DAMAGES SUFFERED BY THE PATIENT OR DAMAGES DERIVED FROM
 AN INDIVIDUAL'S LOSS OF CONSORTIUM OF THE PATIENT;
   (B) AN ACTION FOUNDED IN CONTRACT, AND FOR WHICH A SIMILAR CLAIM WOULD
 EXIST UNDER THE LAWS OF THIS STATE, BROUGHT OR SOUGHT TO BE ENFORCED  BY
 A  PARTY  WITH  A  CONTRACTUAL  RELATIONSHIP WITH THE PERSON THAT IS THE
 SUBJECT OF THE JUDGMENT ENTERED IN ANOTHER STATE; OR
   (C) AN ACTION WHERE NO PART OF THE ACTS  THAT  FORMED  THE  BASIS  FOR
 LIABILITY OCCURRED IN THIS STATE.
   §  2.  The  civil  practice  law  and rules is amended by adding a new
 section 3119-a to read as follows:
   § 3119-A. DISCLOSURE OF INFORMATION  RELATED  TO  REPRODUCTIVE  HEALTH
 CARE  SERVICES. 1. EXCEPT AS OTHERWISE PROVIDED BY LAW OR BY SUBDIVISION
 THREE OF THIS SECTION, IN ANY CIVIL ACTION OR ANY PROCEEDING PRELIMINARY
 THERETO OR IN ANY PROBATE, LEGISLATIVE OR ADMINISTRATIVE PROCEEDING,  NO
 COVERED ENTITY, AS DEFINED IN 45 CFR 160.103, SHALL DISCLOSE:
   (A)  ANY COMMUNICATION MADE TO SUCH COVERED ENTITY, OR ANY INFORMATION
 OBTAINED BY SUCH COVERED ENTITY FROM,  A  PATIENT  OR  THE  CONSERVATOR,
 GUARDIAN  OR OTHER AUTHORIZED LEGAL REPRESENTATIVE OF A PATIENT RELATING
 TO REPRODUCTIVE HEALTH CARE SERVICES AS  DEFINED  IN  SECTION  FIFTY-ONE
 HUNDRED EIGHT OF THIS CHAPTER, THAT ARE PERMITTED UNDER THE LAWS OF THIS
 STATE; OR
   (B)  ANY  INFORMATION  OBTAINED  BY  PERSONAL EXAMINATION OF A PATIENT
 RELATING TO REPRODUCTIVE HEALTH CARE SERVICES,  AS  DEFINED  IN  SECTION
 FIFTY-ONE  HUNDRED  EIGHT  OF THIS CHAPTER, THAT ARE PERMITTED UNDER THE
 LAWS OF THIS STATE, UNLESS THE PATIENT  OR  THE  PATIENT'S  CONSERVATOR,
 GUARDIAN OR OTHER AUTHORIZED LEGAL REPRESENTATIVE EXPLICITLY CONSENTS IN
 WRITING TO SUCH DISCLOSURE.
   2.  A  COVERED  ENTITY, AS DEFINED IN 45 CFR 160.103, SHALL INFORM THE
 PATIENT OR THE PATIENT'S CONSERVATOR, GUARDIAN OR OTHER AUTHORIZED LEGAL
 REPRESENTATIVE OF THE PATIENT'S RIGHT TO WITHHOLD SUCH WRITTEN CONSENT.
   3. WRITTEN CONSENT OF THE PATIENT OR THE PATIENT'S CONSERVATOR, GUARD-
 IAN OR OTHER AUTHORIZED LEGAL REPRESENTATIVE SHALL NOT BE  REQUIRED  FOR
 THE DISCLOSURE OF SUCH COMMUNICATION OR INFORMATION:
   (A) PURSUANT TO THE LAWS OF THIS STATE OR THE RULES OF THE COURT;
   (B)  BY  A COVERED ENTITY AGAINST WHOM A CLAIM HAS BEEN MADE, OR THERE
 IS A REASONABLE BELIEF WILL BE MADE, IN SUCH ACTION  OR  PROCEEDING,  TO
 THE  COVERED ENTITY'S ATTORNEY OR PROFESSIONAL LIABILITY INSURER OR SUCH
 INSURER'S AGENT FOR USE IN THE DEFENSE OF SUCH ACTION OR PROCEEDING;
   (C) TO THE COMMISSIONER OF HEALTH  FOR  RECORDS  OF  A  PATIENT  OF  A
 COVERED  ENTITY  IN  CONNECTION WITH AN INVESTIGATION OF A COMPLAINT, IF
 SUCH RECORDS ARE RELATED TO THE COMPLAINT; OR
   (D) IF CHILD ABUSE, ABUSE OF AN ELDERLY INDIVIDUAL, ABUSE OF AN  INDI-
 VIDUAL WHO IS PHYSICALLY DISABLED OR INCOMPETENT OR ABUSE OF AN INDIVID-
 UAL WITH INTELLECTUAL DISABILITY IS KNOWN OR IN GOOD FAITH SUSPECTED.
   4.  NOTHING  IN  THIS  SECTION SHALL BE CONSTRUED TO IMPEDE THE LAWFUL
 SHARING OF MEDICAL RECORDS AS PERMITTED BY STATE OR FEDERAL LAW  OR  THE
 RULES  OF  THE  COURT,  EXCEPT  IN THE CASE OF A SUBPOENA COMMANDING THE
 PRODUCTION, COPYING OR INSPECTION OF MEDICAL RECORDS RELATING TO  REPRO-
 DUCTIVE  HEALTH  CARE  SERVICES, AS DEFINED IN SECTION FIFTY-ONE HUNDRED
 EIGHT OF THIS CHAPTER.
 A. 10116                            3
 
   § 3. Section 3119 of the civil practice law and rules  is  amended  by
 adding a new subdivision (g) to read as follows:
   (G)  SUBPOENAS RELATED TO REPRODUCTIVE HEALTH CARE SERVICES.  NOTWITH-
 STANDING ANY OTHER PROVISION OF LAW, NO  COURT  OR  COUNTY  CLERK  SHALL
 ISSUE A SUBPOENA REQUESTED BY A COMMISSIONER, APPOINTED ACCORDING TO THE
 LAWS  OR USAGES OF ANY OTHER STATE OR GOVERNMENT, OR BY ANY COURT OF THE
 UNITED STATES OR OF ANY OTHER STATE OR GOVERNMENT,  WHEN  SUCH  SUBPOENA
 RELATES  TO  REPRODUCTIVE  HEALTH  CARE  SERVICES, AS DEFINED IN SECTION
 FIFTY-ONE HUNDRED EIGHT OF THIS CHAPTER, THAT ARE  PERMITTED  UNDER  THE
 LAWS OF THIS STATE, UNLESS THE SUBPOENA RELATES TO:
   (1)  AN  OUT-OF-STATE ACTION FOUNDED IN TORT, CONTRACT OR STATUTE, FOR
 WHICH A SIMILAR CLAIM WOULD EXIST UNDER THE LAWS OF THIS STATE,  BROUGHT
 BY  A  PATIENT  OR  THE  PATIENT'S  AUTHORIZED LEGAL REPRESENTATIVE, FOR
 DAMAGES SUFFERED BY THE PATIENT OR DAMAGES DERIVED FROM AN  INDIVIDUAL'S
 LOSS OF CONSORTIUM OF THE PATIENT; OR
   (2)  AN OUT-OF-STATE ACTION FOUNDED IN CONTRACT, AND FOR WHICH A SIMI-
 LAR CLAIM WOULD EXIST UNDER THE LAWS OF THIS STATE, BROUGHT OR SOUGHT TO
 BE ENFORCED BY A PARTY WITH A CONTRACTUAL RELATIONSHIP WITH  THE  PERSON
 THAT  IS  THE  SUBJECT  OF  THE  SUBPOENA  REQUESTED  BY  A COMMISSIONER
 APPOINTED ACCORDING TO THE LAWS OR USAGES OF ANOTHER STATE.
   § 4. The criminal procedure law is amended by  adding  a  new  section
 570.17 to read as follows:
 §  570.17  EXTRADITION  OF REPRODUCTIVE HEALTH CARE PROVIDERS OR RECIPI-
            ENTS.
   NO JUDGE SHALL ISSUE A SUMMONS IN A CASE WHERE PROSECUTION IS PENDING,
 OR WHERE A GRAND  JURY  INVESTIGATION  HAS  COMMENCED  OR  IS  ABOUT  TO
 COMMENCE FOR A CRIMINAL VIOLATION OF A LAW OF SUCH OTHER STATE INVOLVING
 THE  PROVISION OR RECEIPT OF OR ASSISTANCE WITH REPRODUCTIVE HEALTH CARE
 SERVICES, AS DEFINED IN SECTION FIFTY-ONE HUNDRED  EIGHT  OF  THE  CIVIL
 PRACTICE  LAW  AND  RULES, THAT ARE LEGAL IN THIS STATE, UNLESS THE ACTS
 FORMING THE BASIS OF THE PROSECUTION OR INVESTIGATION WOULD ALSO CONSTI-
 TUTE AN OFFENSE IN THIS STATE.
   § 5. Section 570.06 of the criminal procedure law is amended  to  read
 as follows:
 § 570.06 Fugitives from justice; duty of governor.
   Subject  to  the  provisions  of  this  article, the provisions of the
 constitution of the United States controlling, and any and all  acts  of
 congress enacted in pursuance thereof, it is the duty of the governor of
 this  state to have arrested and delivered up to the executive authority
 of any other state of the United States any person charged in that state
 with treason, felony, or other crime, who has fled from justice  and  is
 found  in  this state; PROVIDED THE ACTS FOR WHICH EXTRADITION IS SOUGHT
 WOULD BE PUNISHABLE BY THE LAWS  OF  THIS  STATE,  IF  THE  CONSEQUENCES
 CLAIMED  TO  HAVE  RESULTED  FROM  THOSE ACTS IN THE DEMANDING STATE HAD
 TAKEN EFFECT IN THIS STATE.
   § 6. The executive law is amended by adding a  new  section  170-f  to
 read as follows:
   §  170-F.  INVESTIGATION  OF  INFORMATION  PERTAINING  TO REPRODUCTIVE
 HEALTH CARE SERVICES. 1.  NO  PUBLIC  AGENCY,  DIVISION  OR  OFFICE,  OR
 EMPLOYEE,  APPOINTEE,  OFFICER  OR  OFFICIAL THEREOF OR ANY OTHER PERSON
 ACTING ON BEHALF OF A PUBLIC AGENCY, DIVISION OR OFFICE, MAY PROVIDE ANY
 INFORMATION OR EXPEND OR USE TIME, MONEY, FACILITIES,  PROPERTY,  EQUIP-
 MENT,  PERSONNEL  OR  OTHER  RESOURCES  IN FURTHERANCE OF ANY INTERSTATE
 INVESTIGATION OR PROCEEDING SEEKING TO IMPOSE CIVIL OR CRIMINAL  LIABIL-
 ITY UPON A PERSON OR ENTITY FOR:
 A. 10116                            4
 
   (A)  THE PROVISION, SEEKING OR RECEIPT OF OR INQUIRING ABOUT REPRODUC-
 TIVE HEALTH CARE SERVICES, AS DEFINED IN SECTION FIFTY-ONE HUNDRED EIGHT
 OF THE CIVIL PRACTICE LAW AND RULES, THAT ARE LEGAL IN THIS STATE; OR
   (B)  ASSISTING  ANY  PERSON OR ENTITY PROVIDING, SEEKING, RECEIVING OR
 RESPONDING TO AN INQUIRY ABOUT REPRODUCTIVE  HEALTH  CARE  SERVICES,  AS
 DEFINED IN SECTION FIFTY-ONE HUNDRED EIGHT OF THE CIVIL PRACTICE LAW AND
 RULES, THAT ARE LEGAL IN THIS STATE.
   2.  THIS  SECTION  SHALL  NOT APPLY TO ANY INVESTIGATION OR PROCEEDING
 WHERE THE CONDUCT SUBJECT TO POTENTIAL LIABILITY UNDER THE INVESTIGATION
 OR PROCEEDING WOULD BE SUBJECT TO LIABILITY UNDER THE LAWS OF THIS STATE
 IF COMMITTED IN THIS STATE.
   § 7. This act shall take effect on the sixtieth  day  after  it  shall
 have become a law. Effective immediately, the addition, amendment and/or
 repeal  of  any  rule  or regulation necessary for the implementation of
 this act on its effective date are authorized to be made  and  completed
 on or before such effective date.