NY State Senate Bill S9080B

Archive: Last Bill Status - Signed by Governor

Introduced
In Committee
On Floor Calendar
- Passed Senate
- Passed Assembly
Delivered to Governor
Signed by Governor

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Actions

view actions (16)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 13, 2022	signed chap.221 delivered to governor
Jun 02, 2022	returned to senate passed assembly ordered to third reading rules cal.626 substituted for a9718b
May 31, 2022	referred to ways and means delivered to assembly passed senate ordered to third reading cal.1625 committee discharged and committed to rules
May 28, 2022	print number 9080b
May 28, 2022	amend and recommit to insurance
May 12, 2022	print number 9080a
May 12, 2022	amend and recommit to insurance
May 09, 2022	referred to insurance

Votes

Bill Amendments

Original

B (Active)

Original

B (Active)

Co-Sponsors

S9080 - Details

See Assembly Version of this Bill:: A9718
Law Section:: Insurance Law
Laws Affected:: Add §3436-a, Ins L

S9080 - Summary

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.

S9080 - Sponsor Memo

S9080 - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9080
 
                             I N  S E N A T E
 
                                May 9, 2022
                                ___________
 
 Introduced  by  Sen. HINCHEY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Insurance
 
 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:
 
   Section  1.  Section  5504 of the insurance law is amended by adding a
 new subsection (g) to read as follows:
   (G) POLICIES ISSUED BY THE ASSOCIATION SHALL PROHIBIT  AN  INSURER  OF
 THE  ASSOCIATION  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 SOME-
 ONE  WHO  IS  FROM  OUT  OF THE STATE. SUCH POLICY SHALL INCLUDE MEDICAL
 PROFESSIONALS WHO PRESCRIBE ABORTION MEDICATION TO OUT-OF-STATE PATIENTS
 BY MEANS OF TELEHEALTH.
   § 2. This act shall take effect immediately.
 
 
 
 
 

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD15073-01-2

Co-Sponsors

S9080A - Details

See Assembly Version of this Bill:: A9718
Law Section:: Insurance Law
Laws Affected:: Add §3436-a, Ins L

S9080A - Summary

S9080A - Sponsor Memo

S9080A - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  9080--A
 
                             I N  S E N A T E
 
                                May 9, 2022
                                ___________
 
 Introduced  by  Sens. HINCHEY, CLEARE -- 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 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:
 
   Section 1. The insurance law is amended by adding a new section 3436-a
 to read as follows:
   § 3436-A. ADVERSE ACTION AGAINST LEGAL REPRODUCTIVE HEALTH CARE. POLI-
 CIES ISSUED BY THE ASSOCIATION, AS DEFINED IN ARTICLE FIFTY-FIVE OF THIS
 CHAPTER,  SHALL  PROHIBIT  AN INSURER OF THE ASSOCIATION FROM TAKING ANY
 ADVERSE ACTION AGAINST AN ABORTION OR REPRODUCTIVE HEALTH CARE  PROVIDER
 SOLELY  ON  THE  BASIS  THAT  THE  ABORTION  OR REPRODUCTIVE HEALTH CARE
 PROVIDER 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. SUCH POLICY  SHALL  INCLUDE  MEDICAL  PROFESSIONALS  WHO  LEGALLY
 PRESCRIBE ABORTION MEDICATION TO OUT-OF-STATE PATIENTS BY MEANS OF TELE-
 HEALTH.
   § 2. This act shall take effect immediately.
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD15073-02-2

Co-Sponsors

view additional co-sponsors

S9080B (ACTIVE) - Details

See Assembly Version of this Bill:: A9718
Law Section:: Insurance Law
Laws Affected:: Add §3436-a, Ins L

S9080B (ACTIVE) - Summary

S9080B (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S9080B

SPONSOR: HINCHEY
 
TITLE OF BILL:

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

 
PURPOSE:

Prohibits medical malpractice insurance companies from taking any
adverse action against a reproductive health care provider who provides
legal reproductive health care.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section one amends the insurance law adding a new section 3436-a to
prohibit insurance companies that offer medical malpractice insurance
from taking an adverse action against a reproductive health care provid-
er who provides legal reproductive health care solely based on that

legal reproductive health care intervention. The section further defines
what will constitute as an adverse action.

Section two establishes the effective date.

 
JUSTIFICATION:

Restrictive abortion bans have been introduced in states throughout the
country, making it extremely difficult for women to access safe repro-
ductive healthcare without seeking it outside of their home state.

According to a 2021 study by Planned Parenthood, the number of patients
with a Texas zip code who sought care from Planned Parenthood Centers in
other states has been increasing by an average of 6% per month.

With the proliferation of telehealth services, prescription medication
and other reproductive healthcare can be provided to patients virtually,
making it easier for providers to care for patients across state
borders.

This legislation will prevent insurers from taking action against a
healthcare provider in New York State for performing reproductive
services that are illegal elsewhere, protecting doctors and ensuring
that women can safely access abortion and related reproductive health
care services in New York.

 
AMENDED BILL:

The B-print of the bill moved the new section to a more appropriate
article in the insurance law. The B-print further defines what will
constitute as an adverse action and makes technical cleanups throughout
the bill.

 
FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
This act shall be effective immediately.

S9080B (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  9080--B
 
                             I N  S E N A T E
 
                                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:
 
   Section 1. The insurance law is amended by adding a new section 3436-a
 to read as follows:
   §  3436-A.  1.  ADVERSE ACTION AGAINST LEGAL REPRODUCTIVE HEALTH CARE.
 EVERY INSURER WHICH  ISSUES  OR  RENEWS  MEDICAL  MALPRACTICE  INSURANCE
 COVERING A HEALTH CARE PROVIDER LICENSED TO PRACTICE IN THIS STATE SHALL
 BE  PROHIBITED  FROM  TAKING  ANY  ADVERSE  ACTION AGAINST A HEALTH CARE
 PROVIDER SOLELY ON THE BASIS THAT THE HEALTH CARE PROVIDER  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. SUCH POLICY SHALL
 INCLUDE HEALTH CARE PROVIDERS WHO LEGALLY PRESCRIBE ABORTION  MEDICATION
 TO OUT-OF-STATE PATIENTS BY MEANS OF TELEHEALTH.
   2.  AS  USED  IN  THIS SECTION, "ADVERSE ACTION" SHALL MEAN BUT NOT BE
 LIMITED TO: (A) REFUSING TO RENEW OR EXECUTE  A  CONTRACT  OR  AGREEMENT
 WITH  A  HEALTH  CARE  PROVIDER; (B) MAKING A REPORT OR COMMENTING TO AN
 APPROPRIATE PRIVATE OR GOVERNMENTAL ENTITY REGARDING PRACTICES  OF  SUCH
 PROVIDER  WHICH  MAY  VIOLATE  ABORTION  LAWS  IN  OTHER STATES; AND (C)
 INCREASING IN ANY CHARGE FOR, OR A REDUCTION OR OTHER ADVERSE  OR  UNFA-
 VORABLE CHANGE IN THE TERMS OF COVERAGE OR AMOUNT FOR, ANY MEDICAL MALP-
 RACTICE INSURANCE CONTRACT OR AGREEMENT WITH A HEALTH CARE PROVIDER.
   § 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

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The New York State Senate

senate Bill S9080B

Sponsored By

Archive: Last Bill Status - Signed by Governor

Your Voice

Actions

Votes

May 31, 2022 - floor Vote

Floor Vote: May 31, 2022

May 31, 2022 - Rules committee Vote

Rules Committee Vote: May 31, 2022

Bill Amendments

Co-Sponsors

S9080 - Details

S9080 - Summary

S9080 - Sponsor Memo

S9080 - Bill Text download pdf

Co-Sponsors

S9080A - Details

S9080A - Summary

S9080A - Sponsor Memo

S9080A - Bill Text download pdf

Co-Sponsors

S9080B (ACTIVE) - Details

S9080B (ACTIVE) - Summary

S9080B (ACTIVE) - Sponsor Memo

S9080B (ACTIVE) - Bill Text download pdf

Comments

senate Bill S9080B

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Sponsored By

Archive: Last Bill Status - Signed by Governor

Your Voice

Actions

Votes

May 31, 2022 - floor Vote

Floor Vote: May 31, 2022

May 31, 2022 - Rules committee Vote

Rules Committee Vote: May 31, 2022

Bill Amendments

Co-Sponsors

S9080 - Details

S9080 - Summary

S9080 - Sponsor Memo

S9080 - Bill Text download pdf

Co-Sponsors

S9080A - Details

S9080A - Summary

S9080A - Sponsor Memo

S9080A - Bill Text download pdf

Co-Sponsors

S9080B (ACTIVE) - Details

S9080B (ACTIVE) - Summary

S9080B (ACTIVE) - Sponsor Memo

S9080B (ACTIVE) - Bill Text download pdf

Comments