NY State Senate Bill S1066B

Current Bill Status - On Floor Calendar

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

Your Voice

Please enter your contact information

First Name *

Last Name *

Email Address *

A valid email address is required.

Home address search or enter your address manually *

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Leave this field blank

Actions

view actions (12)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 23, 2023	amended on third reading 1066b
May 23, 2023	vote reconsidered - restored to third reading returned to senate recalled from assembly
Jan 24, 2023	referred to codes delivered to assembly passed senate
Jan 23, 2023	ordered to third reading cal.154
Jan 17, 2023	reported and committed to rules
Jan 12, 2023	print number 1066a
Jan 12, 2023	amend and recommit to health
Jan 09, 2023	referred to health

Votes

view votes

Jan 24, 2023 - floor Vote

S1066A

floor

Aye

Nay

Absent

Excused

Abstained

Jan 23, 2023 - Rules committee Vote

S1066A

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

Jan 17, 2023 - Health committee Vote

S1066A

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

Bill Amendments

Original

B (Active)

Original

B (Active)

Co-Sponsors

S1066 - Details

See Assembly Version of this Bill:: A1709
Law Section:: Criminal Procedure Law
Laws Affected:: Amd §§570.17 & 140.10, CP L; ren §837-w to be §837-x, amd §837-x, Exec L; amd §§3119 & 3102, add §4550, CPLR; amd §3436-a, Ins L; amd §6531-b, Ed L

S1066 - Summary

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.

S1066 - Sponsor Memo

 
BILL NUMBER: S1066

SPONSOR: MAYER
 
TITLE OF BILL:

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

 
PURPOSE:

To ensure telehealth services are explicitly included in existing safe-
guards and protections for reproductive health care services.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 amends section 570.17 of the criminal procedure law to estab-
lish definitions of "reproductive health services" and "legally
protected health activity." Further, it prevents the governor from
recognizing any demand, except as required by federal law, for the
extradition of a person charged with any legally protected health activ-
ity, unless the executive authority of the demanding state alleges in

writing that the accused was physically present in the demanding state
at the time of the commission of the alleged crime, and thereafter they
fled from that state.

Section 2 amends subdivision 3-a of section 140.10 of the criminal
procedure law to prevent a police officer from arresting any person for
performing any legally protected health activity in this state.

Section 3 amends section 837-w of the executive law, renumbering it as
section 837-x, to prevent any government employee or entity or other
person acting on behalf of state or local government from cooperating
with any individual or out-of-state agency or department regarding any
legally protected health activity occurring in New York, or using any
time and/or resources in furtherance of any investigation or proceeding
initiated in or by another state that aims to impose civil or criminal
liability or professional sanctions on a person or entity for any legal-
ly protected health activity. Second, it preserves the right of authori-
ties to investigate any alleged violations of reproductive health
services in accordance with the laws of New York, so long as information
relating to any medical procedure performed on a specific individual is
not shared with an out-of-state agency or other individual. Lastly, it
explicitly requires compliance with any court-issued subpoena or warrant
in connection with any civil, criminal or professional sanctions inves-
tigation that is not related to any legally protected health activity.

Section 4 amends subdivision (g) of section 3119 of the civil practice
law and rules to prevent any New York court from issuing a subpoena in
connection with an out-of-state proceeding relating to any legally
protected health activity that occurred in this state. It also creates
an exception to the subpoena rule for patients that receive reproductive
health services and commence an out-of-state proceeding.

Section 5 amends subdivision (e) of section '3102 of the civil practice
law and rules to prevent any New York court from aiding in the
production of any out- of-state deposition request in relation to any
legally protected health activity that occurs in this state.

Section 6 amends the civil practice law and rules by adding a new
section 4550 that prevents evidence relating to a party engaged in any
legally protected health activity, who provides reproductive health
services to persons not physically present in this state, from being
offered to support any allegations of wrongdoing, whether civil, crimi-
nal, or professional, or otherwise by virtue of recipients of such
services not being physically present in this state. It also creates an
exception to this rule by allowing the production of evidence in cases
sounding in tort, contract, or statute, under other actionable laws of
this state, or if it is brought by the patient who received reproductive
health services.

Section 7 amends section 3436-a of the insurance law to prevent any
medical malpractice insurer from taking adverse action against any
health care provider for performing reproductive health services that
are legal in New York on someone who is from out of state.

Section 8 amends subparagraph (B) of paragraph 36 of subsection (i) of
section 3216 of the insurance law to prevent any legally protected
health activity from being subject to any annual deductibles or coinsu-
rance, including co-payments, unless the policy is a high deductible
health plan as defined in the Internal Revenue Code.

Section 9 amends subdivision 2 of section 6531-b of the education law to
prevent any legally protected health activity performed by a health care
practitioner acting in their scope of practice from constituting profes-
sional misconduct, whether relating to any law, rule or regulation
governing the licensure, certification, or authorization of any practi-
tioner, or rules governing revocation, suspension, annulment, penalty,
or disciplinary action.

Section 10 adds a severability clause, indicating that the invalidation
of any one provision does not affect the validity of any other provision
of the act.

Section 11 adds a choice of law clause, indicating that this Act shall
be exclusively governed by and construed pursuant to the laws of the
state of New York.

Section 12 sets forth the effective date.

 
JUSTIFICATION:

The effects of the Supreme Court's June 2022 ruling in Dobbs v. Jackson
Women's Health Organization(1) -- where the fundamental right to an
abortion enshrined in Roe v. Wade was overturned -- have been nothing
short of devastating to women around the country. As the Guttmacher
Institute reports, nearly 40 million U.S.  women of reproductive age
(58% of the total number) live in states that have demonstrated hostil-
ity to abortion rights.(2) Since the Dobbs decisions at least 66 clinics
across 15 states have closed. And as of October 2022, there were no
providers serving patients in at least 14 states.(3)

In the wake of Dobbs, medication abortion has become a lifeline for many
individuals seeking abortions in hostile states.  Medication abortion
has become increasingly common over the last 20 years -- it now
accounts for more than 50% of facility-based abortions, according to the
Guttmacher Institute. (4) Plan C and Aid Access, organizations which
help people access medication abortions, both reported  significant
increases in site traffic immediately following the publication of the
leaked draft opinion in Dobbs.(5) And according to a study released by
the medical journal JAMA, there was a nearly 120 percent increase in
abortion pill orders from overseas providers placed in July and August
of 2022.(6)

The post-Dobbs landscape has placed strenuous burdens on patients who
already have difficulty accessing an abortion, including people with
limited financial resources, people of color, LGBTQ individuals and
young people.(7) Moreover, as a report from JAMA found, abortion bans
and restrictions have decreased access to safe abortions, particularly
among those living in the South, and those who are poor, Black or Native
American.(8) Even in states where abortion is available, the influx of
patients from states with severe restrictions has created burdensome
wait times and safety risks for those looking to obtain reproductive
health services.  Following the leaked opinion in Dobbs, the New York
State legislature enacted a broad, prophylactic package of laws that
protected abortion and reproductive health rights in the state. This
package, signed by the governor on June 13, 2022, recognized reproduc-
tive rights as human rights, and established new safeguards to protect
the rights of patients and reproductive healthcare providers across New
York State.(9)

Notably, this legislative package: (1) created a cause of action for
unlawful interference with reproductive rights; (ii) provided legal
protections for abortion service providers; (iii) prohibited profes-
sional misconduct charges against healthcare practitioners who provide
reproductive health services to patients residing in states where such
services are illegal; (iv) prevented medical malpractice insurance
companies from taking adverse action against a reproductive healthcare
provider who performs an abortion or provides reproductive healthcare
that is legal in New York on someone who is from out of state; (v)
included reproductive healthcare providers, employees, volunteers, and
patients in the state's address confidentiality program; and (vi)
authorized a study to report on unmet health and resource needs facing
pregnant people in New York and the impact of limited service pregnancy
centers. (10)

Despite these protections, one critical area the package did not explic-
itly address was reproductive health services in the context of tele-
health and telehealth services. Generally, telehealth is the provision
of professional health care service over geographical distances by means
of modern telecommunications technology.  Telehealth is a commonly used
tool in the daily work of health care practitioners, providing patients
with access to health care professionals in a private setting without
the burdens of travel.

This legislation builds upon the abortion and reproductive health
services laws signed in June 2022 by explicitly adding protections for
telehealth and telehealth services. As many states across the country
have enacted abortion bans and draconian reproductive rights
restrictions following the Dobbs decision, this bill fills an important
gap by safeguarding health care practitioners in New York from out-of-
state activities that impede upon their ability to provide necessary
reproductive health services to patients.


Notably, this bill adds a new definition of " legally protected health
activity" to encompass " reproductive health services," which explicitly
includes telehealth and telehealth services.  Second, it amends the
appropriate civil and criminal procedure laws-concerning extradition,
arrests, and coordination with any out-of-state investigations or
evidentiary requests-to operate as a shield to New York health care
practitioners who perform any legally protected health activity against
states who try to impose disciplinary actions upon them.  Third, it
amends the education law to prevent New York health care practitioners
from professional disciplinary action for legally protected health
activity. Lastly, it amends the insurance law to prevent medical malp-
ractice insurers from taking adverse action against health care practi-
tioners for legally protected health activity, and prevents insurance
companies from imposing any annual deductibles or coinsurance for legal-
ly protected health activity.

This bill will strengthen New York's role as a nation-wide leader in
reproductive rights, creating new avenues for those who live in states
with severe abortion restrictions.

 
PRIOR LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately, provided, however, the amend-
ments to subparagraph (B) of paragraph 36 of subsection (i) of section
3216 of the insurance law made by section eight of this act shall take
effect on the same date and in the same manner as section 1 of part R of
chapter 57 of the laws of 2022, takes effect.
1 Dobbs v. Jackson Women's Health Organization, 597 U.S.(2022) (herein-
after Dobbs).
2 Guttmacher Institute (Elizabeth Nash), State Abortion Policy Land-
scape: From Hostile to Supportive,  
HTTPS://WWW.GUTTMACHER.
OREARTICLE/2019/08/STATE-ABORTION-POLICY- LANDSCAPE-HOSTILE-SUPPORTIVE
(last checked, Jan. 3, 2023).
3 Guttmacher Institute (Marielle Kirstein, Joerg Breweke, Rachel Jones,
& Jess Philbin), 100 Days Post-Roe: At Least 66 Clinics Across 15 US
States Have Stopped Offering Abortion Care,
 
HTTPS://WWW.GUTTMACHER.ORG/2022/10/100- DAYS-POST-ROE-LEAST-66-CLIN-
ICS-ACROSS-15-US- STATES-HAVE-STOPPED-OFFERING-ABORTION-CARE (last
checked, Jan 3, 2023).
4 Guttmacher Institute (Rachel Jones, Elizabeth Nash, Lauren Cross, Jess
Philbin & Marielle Kirstein), Medication Abortion Now Accounts for More
Than Half of All US Abortions,
https:// 
WWW.GUTTMACHER.ORPJARTICLE/2022/02/ MEDICATION-ABORTION-NOW-AC-
COUNTS-MORE-HALF- ALL-US-ABORTIONS (last checked Jan 6, 2023).
5 Politico (Ben Leonard), Telemedicine Abortion Providers See a Surge in
Interest,  
HTTPS://WWW.POLITICO.COM/NEWS/2022/05/08/ TELEMEDICINE-ABOR-
TION-PROVIDERS-INTEREST- SURGE-ROE-00030800 (May 8, 2022).
6 JAMA Network (Abigail Aiken, Jennifer Starling, James Scott), Request
for Self- Managed Medication Abortion Provided Using Online Telemedi-
cine,  
HTTPS:// IAMANETWORK.COMHOURNALSHAMA/ARTICLE- ABSTRACT/2797883
(Nov 1, 2022).
7 Guttmacher Institute (Elizabeth Nash, Peter Ephross), State Policy
trends 2022: In a Devastating Year, US Supreme Court's Decision to Over-
turn Roe Leads to Bans, Confusion, and Chaos,
 
HTTPS://WWW.GUTTMACHER.ORP,/2022/12/STATE- POLICV-TRENDS-2022-DEVASTAT-
ING-VEAR-US- SUPREME-COURTS-DECISIONOVERTURN-ROE-LEADS (last checked,
Jan. 3, 2023).
(8) JAMA Network, Estimated Travel Time and Spatial Access to Abortion
Facilities in the US Before and After the Dobbs v.  Jackson Women's
Health Decision, https:// jamanetwork.comtjournals/jama/article-
abstract/2798215, (Nov. 1, 2022)
9 Governor Hochul Signs Nation-Leading Legislative Package to Protect
Abortion and Reproductive Rights for All,  
HTTPS:
FIWWW.GOVERNOR.NV.GOV/NEWS/GOVERNOR-HOCHUL-SIGNS-NATION- LEADING-LEGIS-
LATIVE-PACKAGE-PROTECT-ABORTIONAND- REPRODUCTIVE (June 13, 2022).
(10) id.

S1066 - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1066
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              January 9, 2023
                                ___________
 
 Introduced  by  Sen.  MAYER  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Health
 
 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:
 
   Section 1. Section 570.17 of the criminal procedure law, as  added  by
 chapter 219 of the laws of 2022, is amended to read as follows:
 § 570.17 Extradition  [of  abortion  providers]  FOR  LEGALLY  PROTECTED
            HEALTH ACTIVITY.
   [No] 1. FOR PURPOSES OF THIS SECTION, THE FOLLOWING TERMS  SHALL  HAVE
 THE FOLLOWING MEANINGS:
   (A)   "REPRODUCTIVE  HEALTH  SERVICES"  SHALL  MEAN  AND  INCLUDE  ALL
 SERVICES, CARE, OR PRODUCTS OF A MEDICAL, SURGICAL, PSYCHIATRIC,  THERA-
 PEUTIC,  DIAGNOSTIC,  MENTAL  HEALTH,  BEHAVIORAL  HEALTH, PREVENTATIVE,
 REHABILITATIVE,  SUPPORTIVE,  CONSULTATIVE,  REFERRAL,  PRESCRIBING,  OR
 DISPENSING  NATURE RELATING TO THE HUMAN REPRODUCTIVE SYSTEM PROVIDED IN
 ACCORDANCE WITH THE CONSTITUTION AND THE LAWS  OF  THIS  STATE,  WHETHER
 PROVIDED  IN  PERSON  OR  BY MEANS OF TELEHEALTH OR TELEHEALTH SERVICES,
 WHICH INCLUDES, BUT IS NOT LIMITED TO, ALL SERVICES, CARE  AND  PRODUCTS
 RELATING TO PREGNANCY, ASSISTED REPRODUCTION, CONTRACEPTION, MISCARRIAGE
 MANAGEMENT  OR  THE  TERMINATION OF A PREGNANCY, AND SELF-MANAGED TERMI-
 NATIONS.
   (B) "LEGALLY PROTECTED HEALTH ACTIVITY" SHALL  MEAN  AND  INCLUDE  THE
 FOLLOWING  ACTS AND OMISSIONS BY PROVIDERS AND FACILITATORS OF REPRODUC-
 TIVE HEALTH SERVICES, TO THE EXTENT THEY ARE NOT  IN  VIOLATION  OF  THE
 CONSTITUTION  OR  THE LAWS OF THIS STATE, PROVIDED THAT SUCH PROVIDER IS
 PHYSICALLY PRESENT IN THE STATE:
   (I) THE EXERCISE OR ATTEMPTED EXERCISE BY  ANY  PERSON  OF  RIGHTS  TO
 REPRODUCTIVE  HEALTH  SERVICES AS SECURED BY THE CONSTITUTION OR LAWS OF
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04071-01-3

 S. 1066                             2
 
 THIS STATE OR THE PROVISION OF INSURANCE COVERAGE FOR SUCH  SERVICES  OR
 CARE; AND
   (II) ANY ACT OR OMISSION UNDERTAKEN TO AID OR ENCOURAGE, OR ATTEMPT TO
 AID  OR  ENCOURAGE,  ANY PERSON IN THE EXERCISE OR ATTEMPTED EXERCISE OF
 RIGHTS TO REPRODUCTIVE HEALTH SERVICES AS SECURED BY THE CONSTITUTION OR
 LAWS OF THIS STATE, OR TO PROVIDE INSURANCE COVERAGE FOR  SUCH  SERVICES
 OR  CARE;  PROVIDED,  HOWEVER,  THAT  THE PROVISION OF SUCH REPRODUCTIVE
 HEALTH SERVICES BY A PERSON DULY LICENSED UNDER THE LAWS OF  THIS  STATE
 AND  PHYSICALLY  PRESENT  IN  THIS  STATE AND THE PROVISION OF INSURANCE
 COVERAGE FOR SUCH SERVICES OR CARE SHALL BE A LEGALLY  PROTECTED  HEALTH
 ACTIVITY  IF  THE  SERVICE  OR  CARE IS PERMITTED UNDER THE LAWS OF THIS
 STATE, REGARDLESS OF THE PATIENT'S LOCATION.
   2. EXCEPT AS REQUIRED BY FEDERAL LAW, NO demand for the extradition of
 a person charged with [providing  an  abortion]  ANY  LEGALLY  PROTECTED
 HEALTH  ACTIVITY,  shall be recognized by the governor unless the execu-
 tive authority of the demanding state shall allege in writing  that  the
 accused was PHYSICALLY present in the demanding state at the time of the
 commission  of  the  alleged  crime, and that thereafter he, she or they
 fled from that state.
   § 2. Subdivision 3-a of section 140.10 of the criminal procedure  law,
 as  added  by  chapter  219  of  the laws of 2022, is amended to read as
 follows:
   3-a. A police officer may not arrest any  person  for  [performing  or
 aiding  in  the performance of an abortion] ANY LEGALLY PROTECTED HEALTH
 ACTIVITY within this state, [or in procuring an abortion in this  state,
 if  the abortion is performed in accordance with the provisions of arti-
 cle twenty-five-A of the public health law or any other  applicable  law
 of this state] AS DEFINED IN SECTION 570.17 OF THIS CHAPTER.
   §  3.  Section  837-w of the executive law, as added by chapter 219 of
 the laws of 2022, is renumbered section 837-x and  amended  to  read  as
 follows:
   § 837-x. Cooperation with certain out-of-state investigations. 1.  FOR
 PURPOSES   OF  THIS  SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOW-
 ING MEANINGS:
   (A) "REPRODUCTIVE HEALTH SERVICES" SHALL  HAVE  THE  SAME  MEANING  AS
 PARAGRAPH  (A)  OF  SUBDIVISION  ONE  OF  SECTION 570.17 OF THE CRIMINAL
 PROCEDURE LAW; AND
   (B) "LEGALLY PROTECTED HEALTH ACTIVITY" SHALL HAVE THE SAME MEANING AS
 PARAGRAPH (B) OF SUBDIVISION ONE  OF  SECTION  570.17  OF  THE  CRIMINAL
 PROCEDURE LAW.
   2.  No  state or local [law enforcement agency] GOVERNMENT EMPLOYEE OR
 ENTITY OR OTHER PERSON ACTING ON BEHALF OF  STATE  OR  LOCAL  GOVERNMENT
 shall cooperate with or provide information to any individual or out-of-
 state agency or department regarding [the provision of a lawful abortion
 performed]  ANY  LEGALLY  PROTECTED  HEALTH  ACTIVITY  OCCURRING in this
 state, OR OTHERWISE EXPEND OR USE TIME,  MONEYS,  FACILITIES,  PROPERTY,
 EQUIPMENT,  PERSONNEL  OR OTHER RESOURCES IN FURTHERANCE OF ANY INVESTI-
 GATION OR PROCEEDING THAT SEEKS TO IMPOSE CIVIL OR CRIMINAL LIABILITY OR
 PROFESSIONAL SANCTIONS UPON A PERSON OR ENTITY FOR ANY LEGALLY PROTECTED
 HEALTH ACTIVITY OCCURRING IN THIS STATE. Nothing in this  section  shall
 prohibit the investigation of any [criminal activity in this state which
 may involve the performance of an abortion] REPRODUCTIVE HEALTH SERVICES
 RENDERED IN VIOLATION OF THE LAWS OF THIS STATE, provided that no infor-
 mation  relating  to any medical procedure performed on a specific indi-
 vidual may be shared with an out-of-state agency or any  other  individ-
 ual.  Nothing  in  this  section shall prohibit compliance with a valid,
 S. 1066                             3
 
 court-issued subpoena or warrant WHICH DOES NOT RELATE TO A LAW  SEEKING
 TO  IMPOSE  CIVIL  OR CRIMINAL LIABILITY OR PROFESSIONAL SANCTIONS FOR A
 LEGALLY PROTECTED HEALTH ACTIVITY, OR IN RESPONSE TO THE WRITTEN REQUEST
 OF  A  PERSON WHO IS THE SUBJECT OF SUCH AN INVESTIGATION OR PROCEEDING,
 TO THE EXTENT NECESSARY, IN EACH CASE, TO FULFILL SUCH REQUEST.
   § 4. Subdivision (g) of section 3119 of the  civil  practice  law  and
 rules,  as  added by chapter 219 of the laws of 2022, is amended to read
 as follows:
   (g)  (1)  Out-of-state  [abortion]   proceedings   REGARDING   LEGALLY
 PROTECTED  HEALTH  ACTIVITIES.  Notwithstanding  any other provisions of
 this section or any other law, no court or county clerk  shall  issue  a
 subpoena  under this section in connection with an out-of-state proceed-
 ing  relating to any [abortion services or procedures] LEGALLY PROTECTED
 HEALTH ACTIVITY which [were legally performed] OCCURRED in  this  state,
 unless  such  out-of-state  proceeding  [(1)]  (I)  sounds  in  tort  or
 contract[, or is based on statute], [(2)]  (II)  is  actionable,  in  an
 equivalent  or  similar  manner, under the laws of this state, and [(3)]
 (III) was brought by the patient who received reproductive  [healthcare]
 HEALTH  SERVICES  AS  DEFINED  IN  PARAGRAPH  (A)  OF SUBDIVISION ONE OF
 SECTION 570.17 OF THE CRIMINAL PROCEDURE LAW,  or  the  patient's  legal
 representative, SO LONG AS THE PATIENT GIVES EXPRESS CONSENT.
   (2)  FOR  PURPOSES  OF  THIS SUBDIVISION, THE TERMS "LEGALLY PROTECTED
 HEALTH ACTIVITY" AND "REPRODUCTIVE HEALTH SERVICES" SHALL HAVE THE  SAME
 MEANINGS AS DEFINED IN SUBDIVISION ONE OF SECTION 570.17 OF THE CRIMINAL
 PROCEDURE LAW.
   §  5.  Subdivision  (e)  of section 3102 of the civil practice law and
 rules, as amended by chapter 219 of the laws of 2022, is amended to read
 as follows:
   (e) Action pending in another  jurisdiction.  Except  as  provided  in
 section  three thousand one hundred nineteen of this article, when under
 any mandate, writ or commission issued out of any court of record in any
 other state, territory, district or foreign  jurisdiction,  or  whenever
 upon  notice  or  agreement,  it  is required to take the testimony of a
 witness in the state, he or she may be compelled to appear  and  testify
 in  the  same  manner and by the same process as may be employed for the
 purpose of taking testimony in actions pending in the state. The supreme
 court or a county court shall make  any  appropriate  order  in  aid  of
 taking  such  a  deposition;  provided that no order may be issued under
 this section in connection with an out-of-state proceeding  relating  to
 any [abortion services or procedures] LEGALLY PROTECTED HEALTH ACTIVITY,
 AS  DEFINED IN PARAGRAPH (B) OF SUBDIVISION ONE OF SECTION 570.17 OF THE
 CRIMINAL PROCEDURE LAW which [were legally performed] OCCURRED  in  this
 state,  unless  such  out-of-state  proceeding  (1)  sounds  in  tort or
 contract[, or is based on statute], (2) is actionable, in an  equivalent
 or  similar manner, under the laws of this state, and (3) was brought by
 the patient who received reproductive [healthcare] HEALTH  SERVICES,  or
 the patient's legal representative.
   §  6.  The  civil  practice  law  and rules is amended by adding a new
 section 4550 to read as follows:
   § 4550. ADMISSIBILITY OF EVIDENCE RELATED TO LEGALLY PROTECTED  HEALTH
 ACTIVITY.    EVIDENCE RELATING TO THE INVOLVEMENT OF A PARTY ENGAGING IN
 ONE OR MORE LEGALLY PROTECTED HEALTH ACTIVITY, AS DEFINED  IN  PARAGRAPH
 (B)  OF SUBDIVISION ONE OF SECTION 570.17 OF THE CRIMINAL PROCEDURE LAW,
 RELATING TO PROVIDING REPRODUCTIVE HEALTH SERVICES TO PERSONS NOT  PHYS-
 ICALLY  PRESENT IN THIS STATE SHALL NOT BE OFFERED AGAINST SUCH PARTY AS
 EVIDENCE THAT SUCH PARTY HAS ENGAGED IN ANY WRONGDOING,  WHETHER  CIVIL,
 S. 1066                             4
 
 CRIMINAL,  PROFESSIONAL,  OR  OTHERWISE  BY VIRTUE OF SUCH RECIPIENTS OF
 SUCH SERVICES NOT BEING PHYSICALLY PRESENT IN  THIS  STATE.  NOTHING  IN
 THIS  SECTION  SHALL  PREVENT  A  PARTY FROM OFFERING SUCH EVIDENCE IN A
 PROCEEDING  THAT  (I) SOUNDS IN TORT OR CONTRACT, (II) IS ACTIONABLE, IN
 AN EQUIVALENT OR SIMILAR MANNER, UNDER THE LAWS OF THIS STATE, AND (III)
 WAS BROUGHT BY THE PATIENT WHO RECEIVED REPRODUCTIVE HEALTH SERVICES, OR
 THE PATIENT'S LEGAL REPRESENTATIVE.
   § 7. Section 3436-a of the insurance law, as added by chapter  221  of
 the laws of 2022, is amended to read as follows:
   §  3436-a.  ADVERSE  ACTION AGAINST LEGAL REPRODUCTIVE HEALTH CARE. 1.
 [Adverse action against  legal  reproductive  health  care.]  (A)  Every
 insurer  which issues or renews medical malpractice insurance covering a
 health care provider licensed to practice in  this  state,  WHETHER  THE
 HEALTH CARE PROVIDER IS COVERED BY A PRIMARY, EXCESS OR UMBRELLA LIABIL-
 ITY  POLICY,  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]  PROVIDES
 REPRODUCTIVE HEALTH SERVICES, AS DEFINED IN PARAGRAPH (A) OF SUBDIVISION
 ONE  OF  SECTION  570.17 OF THE CRIMINAL PROCEDURE LAW, that is legal in
 the state of New York on someone who is from out of the state.
   (B) Such policy  shall  include  health  care  providers  who  legally
 prescribe abortion medication to out-of-state patients by means of tele-
 health.
   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.
   §  8.  Subparagraph  (B)  of paragraph 36 of subsection (i) of section
 3216 of the insurance law, as added by section 1 of part R of chapter 57
 of the laws of 2022, is amended to read as follows:
   (B) Coverage for [abortion] A LEGALLY PROTECTED  HEALTH  ACTIVITY,  AS
 DEFINED  IN  PARAGRAPH  (B)  OF SUBDIVISION ONE OF SECTION 570.17 OF THE
 CRIMINAL PROCEDURE LAW, shall not be subject to  annual  deductibles  or
 coinsurance,  including co-payments, unless the policy is a high deduct-
 ible health plan as defined in section 223(c)(2) of the internal revenue
 code of 1986, in which case coverage for abortion may be subject to  the
 plan's annual deductible.
   § 9. Subdivision 2 of section 6531-b of the education law, as added by
 chapter 220 of the laws of 2022, is amended to read as follows:
   2.  The  performance, recommendation, or provision of any reproductive
 health services as defined in subdivision one of this  section,  OR  ANY
 LEGALLY  PROTECTED HEALTH ACTIVITY AS DEFINED IN PARAGRAPH (B) OF SUBDI-
 VISION ONE OF SECTION 570.17 OF THE CRIMINAL PROCEDURE LAW, by a  health
 care  practitioner  acting within their scope of practice, for a patient
 who resides in a  state  wherein  the  performance,  recommendation,  or
 provision of such reproductive health services is illegal, shall not, by
 itself,  constitute  professional  misconduct under this title, or title
 two-A of article two of the public health law, or any other law, rule or
 regulation governing the licensure, certification, or  authorization  of
 such practitioner, nor shall any license, certification or authorization
 of  a  health  care  practitioner  be revoked, suspended, or annulled or
 otherwise subject to any other penalty or  discipline  provided  in  the
 S. 1066                             5
 
 public  health  law  or  this title solely on the basis that such health
 care practitioner performed, recommended, or provided any such reproduc-
 tive health services for a patient who resides in a  state  wherein  the
 performance,  recommendation,  or  provision of such reproductive health
 services is illegal.
   § 10. Severability. If any provision of this act, or  any  application
 of  any  provision  of  this  act, is held to be invalid, that shall not
 affect the validity or effectiveness of any other provision of this act,
 any other application of  any  provision  of  this  act,  or  any  other
 provision of any law or code amended by this act.
   §  11.  Choice  of laws. This act shall be exclusively governed by and
 construed pursuant to the laws of the state of New York, without  giving
 effect to any choice of law principles thereunder.
   §  12.  This act shall take effect immediately; provided, however, the
 amendments to subparagraph (B) of paragraph  36  of  subsection  (i)  of
 section  3216  of  the  insurance  law made by section eight of this act
 shall take effect on the same date and in the same manner as  section  1
 of part R of chapter 57 of the laws of 2022, takes effect.

Co-Sponsors

view additional co-sponsors

S1066A - Details

See Assembly Version of this Bill:: A1709
Law Section:: Criminal Procedure Law
Laws Affected:: Amd §§570.17 & 140.10, CP L; ren §837-w to be §837-x, amd §837-x, Exec L; amd §§3119 & 3102, add §4550, CPLR; amd §3436-a, Ins L; amd §6531-b, Ed L

S1066A - Summary

S1066A - Sponsor Memo

 
BILL NUMBER: S1066A

SPONSOR: MAYER
 
TITLE OF BILL:

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

 
PURPOSE:

To ensure telehealth services are explicitly included in existing safe-
guards and protections for reproductive health care services.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 amends section 570.17 of the criminal procedure law to estab-
lish definitions of "reproductive health services" and "legally
protected health activity." Further, it prevents the governor from
recognizing any demand, except as required by federal law, for the
extradition of a person charged with any legally protected health activ-
ity, unless the executive authority of the demanding state alleges in

writing that the accused was physically present in the demanding state
at the time of the commission of the alleged crime, and thereafter they
fled from that state.

Section 2 amends subdivision 3-a of section 140.10 of the criminal
procedure law to prevent a police officer from arresting any person for
performing any legally protected health activity in this state.

Section 3 amends section 837-w of the executive law, renumbering it as
section 837-x, to prevent any government employee or entity or other
person acting on behalf of state or local government from cooperating
with any individual or out-of-state agency or department regarding any
legally protected health activity occurring in New York, or using any
time and/or resources in furtherance of any investigation or proceeding
initiated in or by another state that aims to impose civil or criminal
liability or professional sanctions on a person or entity for any legal-
ly protected health activity. Second, it preserves the right of authori-
ties to investigate any alleged violations of reproductive health
services in accordance with the laws of New York, so long as information
relating to any medical procedure performed on a specific individual is
not shared with an out-of-state agency or other individual. Lastly, it
explicitly requires compliance with any court-issued subpoena or warrant
in connection with any civil, criminal or professional sanctions inves-
tigation that is not related to any legally protected health activity.

Section 4 amends subdivision (g) of section 3119 of the civil practice
law and rules to prevent any New York court from issuing a subpoena in
connection with an out-of-state proceeding relating to any legally
protected health activity that occurred in this state. It also creates
an exception to the subpoena rule for patients that receive reproductive
health services and commence an out-of-state proceeding.

Section 5 amends subdivision (e) of section 3102 of the civil practice
law and rules to prevent any New York court from aiding in the
production of any out- of-state deposition request in relation to any
legally protected health activity that occurs in this state.

Section 6 amends the civil practice law and rules by adding a new
section 4550 that prevents evidence relating to a party engaged in any
legally protected health activity, who provides reproductive health
services to persons not physically present in this state, from being
offered to support any allegations of wrongdoing, whether civil, crimi-
nal, or professional, or otherwise by virtue of recipients of such
services not being physically present in this state. It also creates an
exception to this rule by allowing the production of evidence in cases
sounding in tort, contract, or statute, under other actionable laws of
this state, or if it is brought by the patient who received reproductive
health services.

Section 7 amends section 3436-a of the insurance law to prevent any
medical malpractice insurer from taking adverse action against any
health care provider for performing reproductive health services that
are legal in New York on someone who is from out of state. It then gives
the superintendent express authorization to interpret reproductive
health services as if it were stated within this article.

Section 8 amends Paragraph 36 of subsection (i) of section 3216 of the
insurance law to require that every policy providing hospital, surgical
or medical coverage and which offers maternity coverage also provide
coverage for legally protected health activity. It then gives the super-
intendent express authorization to interpret legally protected health
activity as if it were stated within this article.  Second, it prevents
any legally protected health activity from being subject to any annual
deductibles or coinsurance, including co-payments, unless the policy is
a high deductible health plan as defined in the Internal Revenue Code.

Section 9 amends paragraph 22 of subsection (k) of section 3221 of the
insurance law, to require that every policy which provides hospital,
surgical, or medical coverage and which offers maternity coverage also
provide coverage for legally protected health activity. It then gives
the superintendent express authorization to interpret legally protected
health activity as if it were stated within this article.  Second, it
prevents any legally protected health activity from being subject to any
annual deductibles or coinsurance, including co-payments, unless the
policy is a high deductible health plan as defined in the Internal
Revenue Code. Third, it allows a group policy that provides hospital,
surgical, or medical expense coverage delivered or issued for delivery
in this state to a religious employer to exclude coverage for legally
protected health activity, as is already permitted for abortion. It then
sets out the procedures a religious employer must follow in order to
receive this exemption.

Section 10 amends subsection (ss) of section 4303 of the insurance law
to require that every policy that provides hospital, surgical, or
medical coverage and which offers maternity care coverage provide cover-
age for legally protected health activity for an enrollee. It then gives
the superintendent express authorization to interpret legally protected
health activity as if it were stated within this article. Second, it
prevents any legally protected health activity from being subject to any
annual deductibles or coinsurance, including co-payments, unless the
policy is a high deductible health plan as defined in the Internal
Revenue Code. Third, it allows a group policy that provides hospital,
surgical, or medical expense coverage delivered or issued for delivery
in this state to a religious employer to exclude coverage for legally
protected health activity, as is already permitted for abortion. It then
sets out the procedures a religious employer must follow in order to
receive this exemption.

Section 11 amends subdivision 2 of section 6531-b of the education law
to prevent any legally protected health activity performed by a health
care practitioner acting in their scope of practice from constituting
professional misconduct, whether relating to any law, rule or regulation
governing the licensure, certification, or authorization of any practi-
tioner, or rules governing revocation, suspension, annulment, penalty,
or disciplinary action.

Section 12 adds a severability clause, indicating that the invalidation
of any one provision does not affect the validity of any other provision
of the act.

Section 13 adds a choice of law clause, indicating that this Act shall
be exclusively governed by and construed pursuant to the laws of the
state of New York.

Section 14 adds a conflict of laws clause requiring that, in the event
that any laws in the state of New York conflict with this act, this act
shall govern.

Section 15 sets forth the effective date.

 
JUSTIFICATION:

The effects of the Supreme Court's June 2022 ruling in Dobbs v.  Jackson
Women's Health Organizations (1) -- where the fundamental right to an
abortion enshrined in Roe v. Wade was overturned -- have been nothing
short of devastating to women around the country. As the Guttmacher
Institute reports, nearly 40 million U.S. women of reproductive age (58%
of the total number) live in states that have demonstrated hostility to
abortion rights.(2) Since the Dobbs decisions at least 66 clinics across
15 states have closed. And as of October 2022, there were no providers
serving patients in at least 14 states.(3)

In the wake of Dobbs, medication abortion has become a lifeline for many
individuals seeking abortions in hostile states. Medication abortion has
become increasingly common over the last 20 years -- it now accounts for
more than 50% of facility-based abortions, according to the Guttmacher
Institute.(4) Plan C and Aid Access, organizations which help people
access medication abortions, both reported significant increases in site
traffic immediately following the publication of the leaked draft opin-
ion in Dobbs.(5) And according to a study released by the medical jour-
nal JAMA, there was a nearly 120 percent increase in abortion pill
orders from overseas providers placed in July and August of 2022.(6)

The post-Dobbs landscape has placed strenuous burdens on patients who
already have difficulty accessing an abortion, including people with
limited financial resources, people of color, LGBTQ individuals and
young people.(7) Moreover, as a report from JAMA found, abortion bans
and restrictions have decreased access to safe abortions, particularly
among those living in the South, and those who are poor, Black or Native
American.(8) Even in states where abortion is available, the influx of
patients from states with severe restrictions has created burdensome
wait times and safety risks for those looking to obtain reproductive
health services.
Following the leaked opinion in Dobbs, the New York State legislature
enacted a broad, prophylactic package of laws that protected abortion
and reproductive health rights in the state. This package, signed by the
governor on June 13, 2022, recognized reproductive rights as human
rights, and established new safeguards to protect the rights of patients
and reproductive healthcare providers across New York State.(9)

This legislative package: (1) created a cause of action for unlawful
interference with reproductive rights; (ii) provided legal protections
for abortion service providers; (iii) prohibited professional misconduct
charges against healthcare practitioners who provide reproductive health
services to patients residing in states where such services are illegal;
(iv) prevented medical malpractice insurance companies from taking
adverse action against a reproductive healthcare provider who performs
an abortion or provides reproductive healthcare that is legal in New
York on someone who is from out of state; (v) included reproductive
healthcare providers, employees, volunteers, and patients in the state's
address confidentiality program; and (vi) authorized a study to report
on unmet health and resource needs facing pregnant people in New York
and the impact of limited service pregnancy centers.(10)

Despite these protections, one critical area the package did not explic-
itly address was reproductive health services in the context of tele-
health and telehealth services. Generally, telehealth is the provision
of professional health care service over geographical distances by means
of modern telecommunications technology.  Telehealth is a commonly used
tool in the daily work of health care practitioners, providing patients
with access to health care professionals in a private setting without
the burdens of travel.

This legislation builds upon the abortion and reproductive health
services laws signed in June 2022 by explicitly adding protections for
telehealth and telehealth services. As many states across the country
have enacted abortion bans and draconian reproductive rights
restrictions following the Dobbs decision, this bill fills an important
gap by safeguarding health care practitioners in New York from out-of-
state activities that impede upon their ability to provide necessary
reproductive health services to patients.

Notably, this bill adds a new definition of "legally protected health
activity" to encompass "reproductive health services," which explicitly
includes telehealth and telehealth services. Second, it amends the
appropriate civil and criminal procedure laws-concerning extradition,
arrests, and coordination with any out-of-state investigations or
evidentiary requests-to operate as a shield to New York health care
practitioners who perform any legally prated-Led health activity against
states who try to impose disciplinary actions upon them.  Third, it
amends the education law to prevent New York health care practitioners
from professional disciplinary action for legally protected health
activity. Lastly, it amends the insurance law to prevent medical malp-
ractice insurers from taking adverse action against health care practi-
tioners for legally protected health activity, and prevents insurance
companies from imposing any annual deductibles or coinsurance for legal-
ly protected health activity.

This bill will strengthen New York's role as a nation-wide leader in
reproductive rights, creating new avenues for those who live in states
with severe abortion restrictions.
 
PRIOR LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately, provided, however, the amend-
ments to subparagraph (B) of paragraph 36 of subsection (i) of section
3216 of the insurance law made by section eight of this act shall take
effect on the same date and in the same manner as section 1 of part R of
chapter 57 of the laws of 2022, takes effect.
1 Dobbs v. Jackson Women's Health Org., 142 S. Ct. 2228 (2022) (herein-
after Dobbs).
2 Guttmacher Institute (Elizabeth Nash), State Abortion Policy Land-
scape: From Hostile to Supportive,
https://www.guttmacher.orearticle/2019/08/state-abortion-policv-landscap
e-hostile-supportive (last checked, Jan. 3, 2023).
(3) Guttmacher Institute (Marielle Kirstein, Joerg Breweke, Rachel
Jones, & Jess Philbin), 100 Days Post-Roe: At Least 66 Clinics Across 15
US States Have Stopped Offering Abortion Care,
httos://www.guttmacher.org/2022/10/100-
days-oost-roe-least-66-clinics-across-15-us-states-have-st000ed-offerina
-abortion-care (last checked, Jan 3, 2023).
(4) Guttmacher Institute (Rachel Jones, Elizabeth Nash, Lauren Cross,
Jess Philbin & Marielle Kirstein), Medication Abortion Now Accounts for
More Than Half of All US Abortions,
https://www.guttmacher.org/article/2022/02/nnedication-abortion-now-acco
unts-more-half-all-us-abortions (last checked Jan 6, 2023).
(5) Politico (Ben Leonard), Telemedicine Abortion Providers See a Surge
in Interest, httos://www.00litico.com/news/2022/05/08/telemedicine
-abortion-providers-interest-surge-roe-00030800 (May 8, 2022).
(6) JAMA Network (Abigail Aiken, Jennifer Starling, James Scott),
Request for Self-Managed Medication Abortion Provided Using Online Tele-
medicine, httos://iamanetwork.comhournalsha ma/article -abstract/2797883
(Nov 1, 2022).
(7) Guttmacher Institute (Elizabeth Nash, Peter Ephross), State Policy
trends 2022: In a Devastating Year, US Supreme Court's Decision to Over-
turn Roe Leads to Bans, Confusion, and Chaos,
httos://www.auttmacher.org/2022/12/state-policv-trends-2022-devastating-
vear-us-suoreme-courts-deoisionoverturn-roe-leads (last checked, Jan. 3,
2023).
(8) JAMA Network, Estimated Travel Time and Spatial Access to Abortion
Facilities in the US Before and After the Dobbs v. Jackson Women's
Health Decision,
https://jamanetwork.com/journals/jama/article-abstract/2798215, (Nov.
1, 2022)
(9) Governor Hochul Signs Nation-Leading Legislative Package to Protect
Abortion and Reproductive Rights for All,
httos://www.governor.nv.gov/news/governor-hochul-signs-nation-leadi
ng-legisl ative-package-protect-abortionand-reproductive (June 13,
2022).
(10) Id.

S1066A - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1066--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              January 9, 2023
                                ___________
 
 Introduced  by  Sens.  MAYER,  FERNANDEZ,  GIANARIS, GOUNARDES, KRUEGER,
   SEPULVEDA, STAVISKY -- read twice and ordered printed, and when print-
   ed to be committed to the Committee on Health -- 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:
 
   Section  1.  Section 570.17 of the criminal procedure law, as added by
 chapter 219 of the laws of 2022, is amended to read as follows:
 § 570.17 Extradition  [of  abortion  providers]  FOR  LEGALLY  PROTECTED
            HEALTH ACTIVITY.
   [No]  1.  FOR PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE
 THE FOLLOWING MEANINGS:
   (A)  "REPRODUCTIVE  HEALTH  SERVICES"  SHALL  MEAN  AND  INCLUDE   ALL
 SERVICES,  CARE, OR PRODUCTS OF A MEDICAL, SURGICAL, PSYCHIATRIC, THERA-
 PEUTIC, DIAGNOSTIC,  MENTAL  HEALTH,  BEHAVIORAL  HEALTH,  PREVENTATIVE,
 REHABILITATIVE,  SUPPORTIVE,  CONSULTATIVE,  REFERRAL,  PRESCRIBING,  OR
 DISPENSING NATURE RELATING TO THE HUMAN REPRODUCTIVE SYSTEM PROVIDED  IN
 ACCORDANCE  WITH  THE  CONSTITUTION  AND THE LAWS OF THIS STATE, WHETHER
 PROVIDED IN PERSON OR BY MEANS OF  TELEHEALTH  OR  TELEHEALTH  SERVICES,
 WHICH  INCLUDES,  BUT IS NOT LIMITED TO, ALL SERVICES, CARE AND PRODUCTS
 RELATING TO PREGNANCY, ASSISTED REPRODUCTION, CONTRACEPTION, MISCARRIAGE
 MANAGEMENT OR THE TERMINATION OF A PREGNANCY,  AND  SELF-MANAGED  TERMI-
 NATIONS.
   (B)  "LEGALLY  PROTECTED  HEALTH  ACTIVITY" SHALL MEAN AND INCLUDE THE
 FOLLOWING ACTS AND OMISSIONS BY PROVIDERS AND FACILITATORS OF  REPRODUC-
 TIVE  HEALTH  SERVICES,  TO  THE EXTENT THEY ARE NOT IN VIOLATION OF THE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04071-02-3
 S. 1066--A                          2

 
 CONSTITUTION OR THE LAWS OF THIS STATE, PROVIDED THAT SUCH  PROVIDER  IS
 PHYSICALLY PRESENT IN THE STATE:
   (I)  THE  EXERCISE  OR  ATTEMPTED  EXERCISE BY ANY PERSON OF RIGHTS TO
 REPRODUCTIVE HEALTH SERVICES AS SECURED BY THE CONSTITUTION OR  LAWS  OF
 THIS  STATE  OR THE PROVISION OF INSURANCE COVERAGE FOR SUCH SERVICES OR
 CARE; AND
   (II) ANY ACT OR OMISSION UNDERTAKEN TO AID OR ENCOURAGE, OR ATTEMPT TO
 AID OR ENCOURAGE, ANY PERSON IN THE EXERCISE OR  ATTEMPTED  EXERCISE  OF
 RIGHTS TO REPRODUCTIVE HEALTH SERVICES AS SECURED BY THE CONSTITUTION OR
 LAWS  OF  THIS STATE, OR TO PROVIDE INSURANCE COVERAGE FOR SUCH SERVICES
 OR CARE; PROVIDED, HOWEVER, THAT  THE  PROVISION  OF  SUCH  REPRODUCTIVE
 HEALTH  SERVICES  BY A PERSON DULY LICENSED UNDER THE LAWS OF THIS STATE
 AND PHYSICALLY PRESENT IN THIS STATE  AND  THE  PROVISION  OF  INSURANCE
 COVERAGE  FOR  SUCH SERVICES OR CARE SHALL BE A LEGALLY PROTECTED HEALTH
 ACTIVITY IF THE SERVICE OR CARE IS PERMITTED  UNDER  THE  LAWS  OF  THIS
 STATE, REGARDLESS OF THE PATIENT'S LOCATION.
   2. EXCEPT AS REQUIRED BY FEDERAL LAW, NO demand for the extradition of
 a  person  charged  with  [providing  an abortion] ANY LEGALLY PROTECTED
 HEALTH ACTIVITY, shall be recognized by the governor unless  the  execu-
 tive  authority  of the demanding state shall allege in writing that the
 accused was PHYSICALLY present in the demanding state at the time of the
 commission of the alleged crime, and that thereafter  he,  she  or  they
 fled from that state.
   §  2. Subdivision 3-a of section 140.10 of the criminal procedure law,
 as added by chapter 219 of the laws of  2022,  is  amended  to  read  as
 follows:
   3-a.  A  police  officer  may not arrest any person for [performing or
 aiding in the performance of an abortion] ANY LEGALLY  PROTECTED  HEALTH
 ACTIVITY  within this state, [or in procuring an abortion in this state,
 if the abortion is performed in accordance with the provisions of  arti-
 cle  twenty-five-A  of the public health law or any other applicable law
 of this state] AS DEFINED IN SECTION 570.17 OF THIS CHAPTER.
   § 3. Section 837-w of the executive law, as added by  chapter  219  of
 the  laws  of  2022,  is renumbered section 837-x and amended to read as
 follows:
   § 837-x. Cooperation with certain out-of-state investigations. 1.  FOR
 PURPOSES  OF  THIS  SECTION, THE FOLLOWING TERMS SHALL HAVE THE  FOLLOW-
 ING MEANINGS:
   (A)  "REPRODUCTIVE  HEALTH  SERVICES"  SHALL  HAVE THE SAME MEANING AS
 PARAGRAPH (A) OF SUBDIVISION ONE  OF  SECTION  570.17  OF  THE  CRIMINAL
 PROCEDURE LAW; AND
   (B) "LEGALLY PROTECTED HEALTH ACTIVITY" SHALL HAVE THE SAME MEANING AS
 PARAGRAPH  (B)  OF  SUBDIVISION  ONE  OF  SECTION 570.17 OF THE CRIMINAL
 PROCEDURE LAW.
   2. No state or local [law enforcement agency] GOVERNMENT  EMPLOYEE  OR
 ENTITY  OR  OTHER  PERSON  ACTING ON BEHALF OF STATE OR LOCAL GOVERNMENT
 shall cooperate with or provide information to any individual or out-of-
 state agency or department regarding [the provision of a lawful abortion
 performed] ANY LEGALLY  PROTECTED  HEALTH  ACTIVITY  OCCURRING  in  this
 state,  OR  OTHERWISE  EXPEND OR USE TIME, MONEYS, FACILITIES, PROPERTY,
 EQUIPMENT, PERSONNEL OR OTHER RESOURCES IN FURTHERANCE OF  ANY  INVESTI-
 GATION OR PROCEEDING THAT SEEKS TO IMPOSE CIVIL OR CRIMINAL LIABILITY OR
 PROFESSIONAL SANCTIONS UPON A PERSON OR ENTITY FOR ANY LEGALLY PROTECTED
 HEALTH  ACTIVITY  OCCURRING IN THIS STATE. Nothing in this section shall
 prohibit the investigation of any [criminal activity in this state which
 may involve the performance of an abortion] REPRODUCTIVE HEALTH SERVICES
 S. 1066--A                          3
 
 RENDERED IN VIOLATION OF THE LAWS OF THIS STATE, provided that no infor-
 mation relating to any medical procedure performed on a  specific  indi-
 vidual  may  be shared with an out-of-state agency or any other individ-
 ual.  Nothing  in  this  section shall prohibit compliance with a valid,
 court-issued subpoena or warrant WHICH DOES NOT RELATE TO A LAW  SEEKING
 TO  IMPOSE  CIVIL  OR CRIMINAL LIABILITY OR PROFESSIONAL SANCTIONS FOR A
 LEGALLY PROTECTED HEALTH ACTIVITY, OR IN RESPONSE TO THE WRITTEN REQUEST
 OF A PERSON WHO IS THE SUBJECT OF SUCH AN INVESTIGATION  OR  PROCEEDING,
 TO THE EXTENT NECESSARY, IN EACH CASE, TO FULFILL SUCH REQUEST.
   §  4.  Subdivision  (g)  of section 3119 of the civil practice law and
 rules, as added by chapter 219 of the laws of 2022, is amended  to  read
 as follows:
   (g)   (1)   Out-of-state   [abortion]  proceedings  REGARDING  LEGALLY
 PROTECTED HEALTH ACTIVITIES. Notwithstanding  any  other  provisions  of
 this  section  or  any other law, no court or county clerk shall issue a
 subpoena  under this section in connection with an out-of-state proceed-
 ing relating to any [abortion services or procedures] LEGALLY  PROTECTED
 HEALTH  ACTIVITY  which [were legally performed] OCCURRED in this state,
 unless  such  out-of-state  proceeding  [(1)]  (I)  sounds  in  tort  or
 contract[,  or  is  based  on  statute], [(2)] (II) is actionable, in an
 equivalent or similar manner, under the laws of this  state,  and  [(3)]
 (III)  was brought by the patient who received reproductive [healthcare]
 HEALTH SERVICES AS DEFINED  IN  PARAGRAPH  (A)  OF  SUBDIVISION  ONE  OF
 SECTION  570.17  OF  THE  CRIMINAL PROCEDURE LAW, or the patient's legal
 representative, SO LONG AS THE PATIENT GIVES EXPRESS CONSENT.
   (2) FOR PURPOSES OF THIS SUBDIVISION,  THE  TERMS  "LEGALLY  PROTECTED
 HEALTH  ACTIVITY" AND "REPRODUCTIVE HEALTH SERVICES" SHALL HAVE THE SAME
 MEANINGS AS DEFINED IN SUBDIVISION ONE OF SECTION 570.17 OF THE CRIMINAL
 PROCEDURE LAW.
   § 5. Subdivision (e) of section 3102 of the  civil  practice  law  and
 rules, as amended by chapter 219 of the laws of 2022, is amended to read
 as follows:
   (e)  Action  pending  in  another  jurisdiction. Except as provided in
 section three thousand one hundred nineteen of this article, when  under
 any mandate, writ or commission issued out of any court of record in any
 other  state,  territory,  district or foreign jurisdiction, or whenever
 upon notice or agreement, it is required to  take  the  testimony  of  a
 witness  in  the state, he or she may be compelled to appear and testify
 in the same manner and by the same process as may be  employed  for  the
 purpose of taking testimony in actions pending in the state. The supreme
 court  or  a  county  court  shall  make any appropriate order in aid of
 taking such a deposition; provided that no order  may  be  issued  under
 this  section  in connection with an out-of-state proceeding relating to
 any [abortion services or procedures] LEGALLY PROTECTED HEALTH ACTIVITY,
 AS DEFINED IN PARAGRAPH (B) OF SUBDIVISION ONE OF SECTION 570.17 OF  THE
 CRIMINAL  PROCEDURE  LAW which [were legally performed] OCCURRED in this
 state, unless  such  out-of-state  proceeding  (1)  sounds  in  tort  or
 contract[,  or is based on statute], (2) is actionable, in an equivalent
 or similar manner, under the laws of this state, and (3) was brought  by
 the  patient  who received reproductive [healthcare] HEALTH SERVICES, or
 the patient's legal representative.
   § 6. The civil practice law and rules  is  amended  by  adding  a  new
 section 4550 to read as follows:
   §  4550. ADMISSIBILITY OF EVIDENCE RELATED TO LEGALLY PROTECTED HEALTH
 ACTIVITY.  EVIDENCE RELATING TO THE INVOLVEMENT OF A PARTY  ENGAGING  IN
 ONE  OR  MORE LEGALLY PROTECTED HEALTH ACTIVITY, AS DEFINED IN PARAGRAPH
 S. 1066--A                          4
 
 (B) OF SUBDIVISION ONE OF SECTION 570.17 OF THE CRIMINAL PROCEDURE  LAW,
 RELATING  TO PROVIDING REPRODUCTIVE HEALTH SERVICES TO PERSONS NOT PHYS-
 ICALLY PRESENT IN THIS STATE SHALL NOT BE OFFERED AGAINST SUCH PARTY  AS
 EVIDENCE  THAT  SUCH PARTY HAS ENGAGED IN ANY WRONGDOING, WHETHER CIVIL,
 CRIMINAL, PROFESSIONAL, OR OTHERWISE BY VIRTUE  OF  SUCH  RECIPIENTS  OF
 SUCH  SERVICES  NOT  BEING  PHYSICALLY PRESENT IN THIS STATE. NOTHING IN
 THIS SECTION SHALL PREVENT A PARTY FROM  OFFERING  SUCH  EVIDENCE  IN  A
 PROCEEDING  THAT  (I) SOUNDS IN TORT OR CONTRACT, (II) IS ACTIONABLE, IN
 AN EQUIVALENT OR SIMILAR MANNER, UNDER THE LAWS OF THIS STATE, AND (III)
 WAS BROUGHT BY THE PATIENT WHO RECEIVED REPRODUCTIVE HEALTH SERVICES, OR
 THE PATIENT'S LEGAL REPRESENTATIVE.
   § 7. Section 3436-a of the insurance law, as added by chapter  221  of
 the laws of 2022, is amended to read as follows:
   §  3436-a.  ADVERSE  ACTION AGAINST LEGAL REPRODUCTIVE HEALTH CARE. 1.
 [Adverse action against  legal  reproductive  health  care.]  (A)  Every
 insurer  which issues or renews medical malpractice insurance covering a
 health care provider licensed to practice in  this  state,  WHETHER  THE
 HEALTH CARE PROVIDER IS COVERED BY A PRIMARY, EXCESS OR UMBRELLA LIABIL-
 ITY  POLICY,  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]  PROVIDES
 REPRODUCTIVE HEALTH SERVICES, AS DEFINED IN PARAGRAPH (A) OF SUBDIVISION
 ONE  OF  SECTION  570.17 OF THE CRIMINAL PROCEDURE LAW, that is legal in
 the state of New York on someone who is from out  of  the  state.    THE
 SUPERINTENDENT IS EXPRESSLY AUTHORIZED TO INTERPRET "REPRODUCTIVE HEALTH
 SERVICES" AS IF SUCH DEFINITION WAS STATED WITHIN THIS ARTICLE.
   (B)  Such  policy  shall  include  health  care  providers who legally
 prescribe abortion medication to out-of-state patients by means of tele-
 health.
   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.
   § 8. Paragraph 36 of subsection (i) of section 3216 of  the  insurance
 law,  as added by section 1 of part R of chapter 57 of the laws of 2022,
 is amended to read as follows:
   (36) (A) Every policy which provides hospital,  surgical,  or  medical
 coverage  and  which offers maternity coverage pursuant to paragraph ten
 of this subsection shall also provide coverage for  [abortion  services]
 LEGALLY PROTECTED HEALTH ACTIVITY, AS DEFINED IN PARAGRAPH (B) OF SUBDI-
 VISION  ONE  OF  SECTION  570.17  OF  THE CRIMINAL PROCEDURE LAW, for an
 enrollee.  THE  SUPERINTENDENT  IS  EXPRESSLY  AUTHORIZED  TO  INTERPRET
 "LEGALLY  PROTECTED  HEALTH  ACTIVITY"  AS IF SUCH DEFINITION WAS STATED
 WITHIN THIS ARTICLE.
   (B) Coverage for [abortion] A LEGALLY PROTECTED  HEALTH  ACTIVITY,  AS
 DEFINED  IN  PARAGRAPH  (B)  OF SUBDIVISION ONE OF SECTION 570.17 OF THE
 CRIMINAL PROCEDURE LAW, shall not be subject to  annual  deductibles  or
 coinsurance,  including co-payments, unless the policy is a high deduct-
 ible health plan as defined in section 223(c)(2) of the internal revenue
 code of 1986, in which case coverage for [abortion] A LEGALLY  PROTECTED
 HEALTH  ACTIVITY,  AS  DEFINED  IN  PARAGRAPH  (B) OF SUBDIVISION ONE OF
 S. 1066--A                          5
 
 SECTION 570.17 OF THE CRIMINAL PROCEDURE  LAW  may  be  subject  to  the
 plan's annual deductible.
   §  9.  Paragraph 22 of subsection (k) of section 3221 of the insurance
 law, as added by section 2 of part R of chapter 57 of the laws of  2022,
 is amended to read as follows:
   (22)  (A)  Every  policy which provides hospital, surgical, or medical
 coverage and which offers maternity care coverage pursuant to  paragraph
 five  of  this  subsection  shall  also  provide  coverage for [abortion
 services] A LEGALLY PROTECTED HEALTH ACTIVITY, AS DEFINED  IN  PARAGRAPH
 (B)  OF SUBDIVISION ONE OF SECTION 570.17 OF THE CRIMINAL PROCEDURE LAW,
 for an enrollee.  THE SUPERINTENDENT IS EXPRESSLY AUTHORIZED  TO  INTER-
 PRET "LEGALLY PROTECTED HEALTH ACTIVITY" AS IF SUCH DEFINITION WAS STAT-
 ED WITHIN THIS ARTICLE.
   (B)  Coverage  for  [abortion] A LEGALLY PROTECTED HEALTH ACTIVITY, AS
 DEFINED IN PARAGRAPH (B) OF SUBDIVISION ONE OF  SECTION  570.17  OF  THE
 CRIMINAL  PROCEDURE  LAW,  shall not be subject to annual deductibles or
 coinsurance, including co-payments, unless the policy is a high  deduct-
 ible health plan as defined in section 223(c)(2) of the internal revenue
 code  of  1986,  in which case coverage for [abortion] LEGALLY PROTECTED
 HEALTH ACTIVITY, AS DEFINED IN  PARAGRAPH  (B)  OF  SUBDIVISION  ONE  OF
 SECTION  570.17  OF  THE  CRIMINAL  PROCEDURE LAW, may be subject to the
 plan's annual deductible.
   (C) Notwithstanding any other provision, a group policy that  provides
 hospital,  surgical, or medical expense coverage delivered or issued for
 delivery in this state to a religious employer, as defined in  item  one
 of  subparagraph  (E)  of  paragraph  sixteen  of subsection (l) of this
 section, may exclude coverage for [abortion]  LEGALLY  PROTECTED  HEALTH
 ACTIVITY,  AS  DEFINED  IN  PARAGRAPH  (B) OF SUBDIVISION ONE OF SECTION
 570.17 OF THE CRIMINAL PROCEDURE LAW, only if the insurer:
   (i) obtains an annual certification from the group  policyholder  that
 the policyholder is a religious employer and that the religious employer
 requests  a  policy  without  coverage  for [abortion] LEGALLY PROTECTED
 HEALTH ACTIVITY, AS DEFINED IN  PARAGRAPH  (B)  OF  SUBDIVISION  ONE  OF
 SECTION 570.17 OF THE CRIMINAL PROCEDURE LAW;
   (ii)  issues  a  rider  to each certificate holder at no premium to be
 charged to the certificate holder or religious employer for  the  rider,
 that provides coverage for [abortion] LEGALLY PROTECTED HEALTH ACTIVITY,
 AS  DEFINED IN PARAGRAPH (B) OF SUBDIVISION ONE OF SECTION 570.17 OF THE
 CRIMINAL PROCEDURE LAW, subject to the same rules  as  would  have  been
 applied  to  the  same category of treatment in the policy issued to the
 religious employer. The rider shall clearly  and  conspicuously  specify
 that  the  religious  employer  does  not administer [abortion] benefits
 REGARDING LEGALLY PROTECTED HEALTH ACTIVITY, AS DEFINED IN PARAGRAPH (B)
 OF SUBDIVISION ONE OF SECTION 570.17 OF THE CRIMINAL PROCEDURE LAW,  but
 that  the  insurer is issuing a rider for coverage of [abortion] LEGALLY
 PROTECTED HEALTH ACTIVITY, AS DEFINED IN PARAGRAPH  (B)  OF  SUBDIVISION
 ONE  OF  SECTION 570.17 OF THE CRIMINAL PROCEDURE LAW, and shall provide
 the insurer's contact information for questions; and
   (iii) provides notice of the issuance of the policy and rider  to  the
 superintendent in a form and manner acceptable to the superintendent.
   §  10.  Subsection (ss) of section 4303 of the insurance law, as added
 by section 3 of part R of chapter 57 of the laws of 2022, is amended  to
 read as follows:
   (ss)(1)  Every  policy  which  provides hospital, surgical, or medical
 coverage and which offers maternity care coverage pursuant to subsection
 (c) of this section shall also provide coverage for [abortion  services]
 S. 1066--A                          6

 LEGALLY PROTECTED HEALTH ACTIVITY, AS DEFINED IN PARAGRAPH (B) OF SUBDI-
 VISION  ONE  OF  SECTION  570.17  OF  THE CRIMINAL PROCEDURE LAW, for an
 enrollee.   THE SUPERINTENDENT  IS  EXPRESSLY  AUTHORIZED  TO  INTERPRET
 "LEGALLY  PROTECTED  HEALTH  ACTIVITY"  AS IF SUCH DEFINITION WAS STATED
 WITHIN THIS ARTICLE.
   (2) Coverage for [abortion]  LEGALLY  PROTECTED  HEALTH  ACTIVITY,  AS
 DEFINED  IN  PARAGRAPH  (B)  OF SUBDIVISION ONE OF SECTION 570.17 OF THE
 CRIMINAL PROCEDURE LAW, shall not be subject to  annual  deductibles  or
 coinsurance,  including co-payments, unless the policy is a high deduct-
 ible health plan as defined in section 223(c)(2) of the internal revenue
 code of 1986, in which case coverage for  [abortion]  LEGALLY  PROTECTED
 HEALTH  ACTIVITY,  AS  DEFINED  IN  PARAGRAPH  (B) OF SUBDIVISION ONE OF
 SECTION 570.17 OF THE CRIMINAL PROCEDURE LAW,  may  be  subject  to  the
 plan's annual deductible.
   (3)  Notwithstanding any other provision, a group policy that provides
 hospital, surgical, or medical expense coverage delivered or issued  for
 delivery  in this state to a religious employer, as defined in paragraph
 five of subsection (cc)  of  this  section,  may  exclude  coverage  for
 [abortion]  LEGALLY  PROTECTED  HEALTH ACTIVITY, AS DEFINED IN PARAGRAPH
 (B) OF SUBDIVISION ONE OF SECTION 570.17 OF THE CRIMINAL PROCEDURE  LAW,
 only if the insurer:
   (A)  obtains an annual certification from the group policy holder that
 the policy holder is a religious employer and that the religious employ-
 er requests a contract without coverage for [abortion] LEGALLY PROTECTED
 HEALTH ACTIVITY, AS DEFINED IN  PARAGRAPH  (B)  OF  SUBDIVISION  ONE  OF
 SECTION 570.17 OF THE CRIMINAL PROCEDURE LAW;
   (B)  issues  a  rider  to  each certificate holder at no premium to be
 charged to the certificate holder or religious employer for  the  rider,
 that  provides  coverage for [abortions] LEGALLY PROTECTED HEALTH ACTIV-
 ITY, AS DEFINED IN PARAGRAPH (B) OF SUBDIVISION ONE OF SECTION 570.17 OF
 THE CRIMINAL PROCEDURE LAW, subject to the same rules as would have been
 applied to the same category of treatment in the policy  issued  to  the
 religious  employer.  The  rider shall clearly and conspicuously specify
 that the religious employer  does  not  administer  [abortion]  benefits
 REGARDING LEGALLY PROTECTED HEALTH ACTIVITY, AS DEFINED IN PARAGRAPH (B)
 OF  SUBDIVISION ONE OF SECTION 570.17 OF THE CRIMINAL PROCEDURE LAW, but
 that the insurer is issuing a rider for coverage of  [abortion]  LEGALLY
 PROTECTED  HEALTH  ACTIVITY,  AS DEFINED IN PARAGRAPH (B) OF SUBDIVISION
 ONE OF SECTION 570.17 OF THE CRIMINAL PROCEDURE LAW, and  shall  provide
 the insurer's contact information for questions; and
   (C)  provides  notice  of  the issuance of the policy and rider to the
 superintendent in a form and manner acceptable to the superintendent.
   § 11. Subdivision 2 of section 6531-b of the education law,  as  added
 by chapter 220 of the laws of 2022, is amended to read as follows:
   2.  The  performance, recommendation, or provision of any reproductive
 health services as defined in subdivision one of this  section,  OR  ANY
 LEGALLY  PROTECTED HEALTH ACTIVITY AS DEFINED IN PARAGRAPH (B) OF SUBDI-
 VISION ONE OF SECTION 570.17 OF THE CRIMINAL PROCEDURE LAW, by a  health
 care  practitioner  acting within their scope of practice, for a patient
 who resides in a  state  wherein  the  performance,  recommendation,  or
 provision of such reproductive health services is illegal, shall not, by
 itself,  constitute  professional  misconduct under this title, or title
 two-A of article two of the public health law, or any other law, rule or
 regulation governing the licensure, certification, or  authorization  of
 such practitioner, nor shall any license, certification or authorization
 of  a  health  care  practitioner  be revoked, suspended, or annulled or
 S. 1066--A                          7
 
 otherwise subject to any other penalty or  discipline  provided  in  the
 public  health  law  or  this title solely on the basis that such health
 care practitioner performed, recommended, or provided any such reproduc-
 tive  health  services  for a patient who resides in a state wherein the
 performance, recommendation, or provision of  such  reproductive  health
 services is illegal.
   §  12.  Severability. If any provision of this act, or any application
 of any provision of this act, is held to  be  invalid,  that  shall  not
 affect the validity or effectiveness of any other provision of this act,
 any  other  application  of  any  provision  of  this  act, or any other
 provision of any law or code amended by this act.
   § 13. Choice of laws. This act shall be exclusively  governed  by  and
 construed  pursuant to the laws of the state of New York, without giving
 effect to any choice of law principles thereunder.
   § 14. Conflict of laws. To the extent that any laws in  the  state  of
 New York conflict with this act, this act shall govern.
   § 15. This act shall take effect immediately.

Co-Sponsors

view additional co-sponsors

S1066B (ACTIVE) - Details

See Assembly Version of this Bill:: A1709
Law Section:: Criminal Procedure Law
Laws Affected:: Amd §§570.17 & 140.10, CP L; ren §837-w to be §837-x, amd §837-x, Exec L; amd §§3119 & 3102, add §4550, CPLR; amd §3436-a, Ins L; amd §6531-b, Ed L

S1066B (ACTIVE) - Summary

S1066B (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S1066B

SPONSOR: MAYER
 
TITLE OF BILL:

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

 
PURPOSE:

To ensure telehealth services are explicitly included in existing safe-
guards and protections for reproductive health care services.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 amends section 570.17 of the criminal procedure law to estab-
lish definitions of "reproductive health services" and "legally
protected health activity." Further, it prevents the governor from
recognizing any demand, except as required by federal law, for the
extradition of a person charged with any legally protected health activ-
ity, unless the executive authority of the demanding state alleges in

writing that the accused was physically present in the demanding state
at the time of the commission of the alleged crime, and thereafter they
fled from that state.

Section 2 amends subdivision 3-a of section 140.10 of the criminal
procedure law to prevent a police officer from arresting any person for
performing any legally protected health activity in this state.

Section 3 amends section 837-w of the executive law, renumbering it as
section 837-x, to prevent any government employee or entity or other
person acting on behalf of state or local government from cooperating
with any individual or out-of-state agency or department regarding any
legally protected health activity occurring in New York, or using any
time and/or resources in furtherance of any investigation or proceeding
initiated in or by another state that aims to impose civil or criminal
liability or professional sanctions on a person or entity for any legal-
ly protected health activity. Second, it preserves the right of authori-
ties to investigate any alleged violations of reproductive health
services in accordance with the laws of New York, so long as information
relating to any medical procedure performed on a specific individual is
not shared with an out-of-state agency or other individual. Lastly, it
explicitly requires compliance with any court-issued subpoena or warrant
in connection with any civil, criminal or professional sanctions inves-
tigation that is not related to any legally protected health activity.

Section 4 amends subdivision (g) of section 3119 of the civil practice
law and articles to prevent any New York court from issuing a subpoena
in connection with an out-of-state proceeding relating to any legally
protected health activity that occurred in this state. It also creates
an exception to the subpoena rule for patients that receive reproductive
health services and commence an out-of-state proceeding.

Section 5 amends subdivision (e) of section 3102 of the civil practice
law and rules to prevent any New York court from aiding in the
production of any out-of-state deposition request in relation to any
legally protected health activity that occurs in this state.

Section 6 amends the civil practice law and rules by adding a new
section 4550 that prevents evidence relating to a party engaged in any
legally protected health activity, who provides reproductive health
services to persons not physically present in this state, from being
offered to support any allegations of wrongdoing, whether civil, crimi-
nal, or professional, or otherwise by virtue of recipients of such
services not being physically present in this state. It also creates an
exception to this rule by allowing the production of evidence in cases
sounding in tort, contract, or statute, under other actionable laws of
this state, or if it is brought by the patient who received reproductive
health services.

Section 7 amends section 3436-a of the insurance law to prohibit any
medical malpractice insurer from taking adverse action against any
health care provider solely on the basis that the health care provider
provides legally protected health activity that is legal in New York on
someone who is from out of state. It then gives the superintendent
express authorization to interpret legally protected health activity as
if it were stated within this section.

Section 8 amends subdivision 2 of section 6531-b of the education law to
prevent any legally protected health activity performed by a health care
practitioner acting in their scope of practice from constituting profes-
sional misconduct, whether relating to any law, rule or regulation
governing the licensure, certification, or authorization of any practi-
tioner, or rules governing revocation, suspension, annulment, penalty,
or disciplinary action.

Section 9 adds a severability clause, indicating that the invalidation
of any one provision does not affect the validity of any other provision
of the act.

Section 10 adds a choice of law clause, indicating that this Act shall
be exclusively governed by and construed pursuant to the laws of the
state of New York.

Section 11 adds a conflict of laws clause requiring that, in the event
that any laws in the state of New York conflict with this act, this act
shall govern.

Section 12 sets forth the effective date.

 
JUSTIFICATION:

The effects of the Supreme Court's June 2022 ruling in Dobbs v.  Jackson
Women's Health Organization (1) -- where the fundamental right to an
abortion enshrined in Roe v. Wade was overturned -- have been nothing
short of devastating to women across the country. Since Dobbs, federal
courts have taken competing approaches to the FDA's approval of mifepri-
stone, which has thrown even-greater uncertainty to the state of medica-
tion abortion.(2)

As the Guttmacher Institute reports, nearly 40 million U.S. women of
reproductive age (58% of the total number) live in states that have
demonstrated hostility to abortion rights.(3) Since the Dobbs decisions
at least 66 clinics across 15 states have closed. And as of October
2022, there were no providers serving patients in at least 14 states.(4)

In the wake of Dobbs, medication abortion has become a lifeline for many
individuals seeking abortions in hostile states. Medication abortion has
become increasingly common over the last 20 years, now accounting for
more than 50% of facility-based abortions.(5) Plan C and Aid Access,
organizations which help people access medication abortions, both
reported significant increases in site traffic immediately following the
publication of the leaked draft opinion in Dobbs.(6) And according to a
study released by the medical journal JAMA, there was a nearly 120
percent increase in abortion pill orders from overseas providers placed
in July and August of 2022.(7)

The post-Dobbs landscape has placed strenuous burdens on patients who
already have difficulty accessing an abortion, including people with
limited financial resources, people of color, LGBTQ individuals and
young people.(8) As a report from the Journal of the American Medical
Association (JAMA) found, abortion bans and restrictions have decreased
access to safe abortions, particularly among those living in the South,
and those who are poor, Black or Native American.(9) Even in states
where abortion is available, the influx of patients from states with
severe restrictions has created burdensome wait times and safety risks
for those looking to obtain reproductive health services.

Following the leaked opinion in Dobbs, the New York State legislature
enacted a broad, prophylactic package of laws that protected abortion
and reproductive health rights in the state. This package, signed by the
governor on June 13, 2022, recognized reproductive rights as human
rights, and established new safeguards to protect the rights of patients
and reproductive healthcare providers across New York State.(10)

Notably, this legislative package: (1) created a cause of action for
unlawful interference with reproductive rights; (ii) provided legal
protections for abortion service providers; (iii) prohibited profes-
sional misconduct charges against healthcare practitioners who provide
reproductive health services to patients residing in states where such
services are illegal; (iv) prevented medical malpractice insurance
companies from taking adverse action against a reproductive healthcare
provider who performs an abortion or provides reproductive healthcare
that is legal in New York on someone who is from out of state; (v)
included reproductive healthcare providers, employees, volunteers, and
patients in the state's address confidentiality program; and (vi)
authorized a study to report on unmet health and resource needs facing
pregnant people in New York and the impact of limited service pregnancy
centers.(11)

Despite these protections, one critical area the package did not explic-
itly address was reproductive health services in the context of tele-
health and telehealth services. Generally, telehealth is the provision
of professional health care service over geographical distances by means
of modern telecommunications technology.  Telehealth is a commonly used
tool in the daily work of health care practitioners, providing patients
with access to health care professionals in a private setting without
the burdens of travel.

This legislation builds upon the abortion and reproductive health
services laws signed in June 2022 by explicitly adding protections for
telehealth and telehealth services. As many states across the country
have enacted abortion bans and draconian reproductive rights
restrictions following the Dobbs decision, this bill fills an important
gap by safeguarding health care practitioners in New York from out-of-
state activities that impede upon their ability to provide necessary
reproductive health services to patients.

Notably, this bill adds a new definition of "legally protected health
activity" to encompass "reproductive health services," which explicitly
includes telehealth and telehealth services. Second, it amends the
appropriate civil and criminal procedure laws-concerning extradition,
arrests, and coordination with any out-of-state investigations or
evidentiary requests-to operate as a shield to New York health care
practitioners who perform any legally protected health activity against
states who try to impose disciplinary actions upon them. Third, it
amends the education law to prevent New York health care practitioners
from professional disciplinary action for legally protected health
activity. Lastly, it amends the insurance law to prevent medical malp-
ractice insurers from taking adverse action against health care practi-
tioners for legally protected health activity.

This bill will strengthen New York's role as a nation-wide leader in
reproductive rights, creating new avenues for those who live in states
with severe abortion restrictions.

 
PRIOR LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.
(1) Dobbs v. Jackson Women's Health Org., 142 S. Ct. 2228 (2022) (here-
inafter Dobbs).
(2)
https://www.nytimes.com/article/Supreme-Court-abortion-pill-ruling.html
(3) Guttmacher Institute (Elizabeth Nash), State Abortion Policy land-
scape: From Hostile to Supportive,
 
HTTPS://WWW.GUTTMACHER.ORG/ARTICLE/2019/08/STATE- ABORTION-POLICY-
LANDSCAPE-HOSTILE-SUPPORTIVE (last checked, Jan. 3, 2023).
(4) Guttmacher Institute (Marielle Kirstein, Joerg Breweke, Rachel
Jones, & Jess Philbin), 100 Days Post-Roe: At Least 66 Clinics Across
 
HTTPS://WWW.GUTTMACHER.ORG/2022/10/100-DAYS-POST-ROE-LEAST-66-
CLINICS-ACROSS-15-US-STATES-HAVE-STOPPED-OFFERING-ABORTION-CARE (lasted
checked, Jan 3, 2023).
(5) Guttmacher Institute (Rachel Jones, Elizabeth Nash, Lauren Cross,
Jess Philbin & Marielle Kirstein), Medication Abortion Now Accounts for
More Than Half of All US Abortions,
 
HTTPS://WWW.GUTTMACHER.ORG/ARTICLE/2022/02 /MEDICATION-ABORTION-
NOW-ACCOUNTS-MORE-HALF-ALL-US-ABORTIONS (last checked Jan 6, 2023).
(6) Politico (Ben Leonard), Telemedicine Abortion Providers See a Surge
in Interest,  
HTTPS://WWW.POLITICO.COM/NEWS/2022/05/08/ TELEMEDICINE-A-
BORTION-PROVIDERS- INTEREST-SURGE-ROE-00030800 (May 8, 2022).
(7) JAMA Network (Abigail Aiken, Jennifer Starling, James Scott),
Request for Self-Managed Medication Abortion Provided Using Online Tele-
medicine,  
HTTPS://JAMANETWORK.COM/
JOURNALS/JAMA/ARTICLE-ABSTRACT/2797883 (Nov 1, 2022)
(8) Guttmacher Institute (Elizabeth Nash, Peter Ephross), State Policy
trends 2022: In a Devastating Year, US Supreme Court's Decision to Over-
turn Roe Leads to Bans, Confusion, and Chaos,
 
HTTPS://WWW.GUTTMACHER.ORG/ 2022/12/STATE-POLICY-TRENDS- 2022-DEVASTAT-
ING-YEAR-US- SUPREME-COURTS-DECISION-OVER-TURN-ROE-LEADS (last checked,
Jan. 3, 2023).
(9) JAMA Network, Estimated Travel Time and Spatial Access to Abortion
Facilities in the US Before and After the Dobbs v. Jackson Women's
Health Decision,
https://jamanetwork.com/journals/jama/article-abstract/2798215, (Nov.
1, 2022)
(10) Governor Hochul Signs Nation-Leading Legislative Package to Protect
Abortion and Reproductive Rights for All,  
HTTPS://WWW.GOVERNOR.
NY.GOV/NEWS/GOVERNOR-HOCHUL-SIGNS-NATION-LEADING-LEGISLATIVE-
PACKAGE-PROTECT-ABORTION-AND-REPRODUCTIVE (June 13, 2022).
(11) Id.

S1066B (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1066--B
     Cal. No. 154
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              January 9, 2023
                                ___________
 
 Introduced  by  Sens. MAYER, BROUK, CLEARE, COONEY, FERNANDEZ, GIANARIS,
   GONZALEZ, GOUNARDES, HINCHEY, HOYLMAN-SIGAL, JACKSON, KENNEDY,  KRUEG-
   ER,  LIU,  MYRIE, SALAZAR, SEPULVEDA, STAVISKY, WEBB -- read twice and
   ordered printed, and when printed to be committed to the Committee  on
   Health  --  committee  discharged,  bill amended, ordered reprinted as
   amended and recommitted to said committee -- reported  favorably  from
   said  committee  and  committed  to the Committee on Rules -- reported
   favorably from said committee, ordered to a third reading,  passed  by
   Senate  and  delivered  to  the Assembly, recalled, vote reconsidered,
   restored to third reading, amended and  ordered  reprinted,  retaining
   its place in the order of third reading
 
 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:
 
   Section 1. Section 570.17 of the criminal procedure law, as amended by
 chapter 101 of the laws of 2023, is amended to read as follows:
 § 570.17 Extradition  [of  abortion  providers]  FOR  LEGALLY  PROTECTED
            HEALTH ACTIVITY.
   [No] 1. FOR PURPOSES OF THIS SECTION, THE FOLLOWING TERMS  SHALL  HAVE
 THE FOLLOWING MEANINGS:
   (A)   "REPRODUCTIVE  HEALTH  SERVICES"  SHALL  MEAN  AND  INCLUDE  ALL
 SERVICES, CARE, OR PRODUCTS OF A MEDICAL, SURGICAL, PSYCHIATRIC,  THERA-
 PEUTIC,  DIAGNOSTIC,  MENTAL  HEALTH,  BEHAVIORAL  HEALTH, PREVENTATIVE,
 REHABILITATIVE,  SUPPORTIVE,  CONSULTATIVE,  REFERRAL,  PRESCRIBING,  OR
 DISPENSING  NATURE RELATING TO THE HUMAN REPRODUCTIVE SYSTEM PROVIDED IN
 ACCORDANCE WITH THE CONSTITUTION AND THE LAWS  OF  THIS  STATE,  WHETHER
 PROVIDED  IN  PERSON  OR  BY MEANS OF TELEHEALTH OR TELEHEALTH SERVICES,
 WHICH INCLUDES, BUT IS NOT LIMITED TO, ALL SERVICES, CARE  AND  PRODUCTS
 RELATING TO PREGNANCY, ASSISTED REPRODUCTION, CONTRACEPTION, MISCARRIAGE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD04071-08-3
 S. 1066--B                          2
 
 MANAGEMENT  OR  THE  TERMINATION OF A PREGNANCY, AND SELF-MANAGED TERMI-
 NATIONS.
   (B)  "LEGALLY  PROTECTED  HEALTH  ACTIVITY" SHALL MEAN AND INCLUDE THE
 FOLLOWING ACTS AND OMISSIONS BY PROVIDERS AND FACILITATORS OF  REPRODUC-
 TIVE  HEALTH  SERVICES,  TO  THE EXTENT THEY ARE NOT IN VIOLATION OF THE
 CONSTITUTION OR THE LAWS OF THIS STATE, PROVIDED THAT SUCH  PROVIDER  IS
 PHYSICALLY PRESENT IN THE STATE:
   (I)  THE  EXERCISE  OR  ATTEMPTED  EXERCISE BY ANY PERSON OF RIGHTS TO
 REPRODUCTIVE HEALTH SERVICES AS SECURED BY THE CONSTITUTION OR  LAWS  OF
 THIS  STATE  OR THE PROVISION OF INSURANCE COVERAGE FOR SUCH SERVICES OR
 CARE; AND
   (II) ANY ACT OR OMISSION UNDERTAKEN TO AID OR ENCOURAGE, OR ATTEMPT TO
 AID OR ENCOURAGE, ANY PERSON IN THE EXERCISE OR  ATTEMPTED  EXERCISE  OF
 RIGHTS TO REPRODUCTIVE HEALTH SERVICES AS SECURED BY THE CONSTITUTION OR
 LAWS  OF  THIS STATE, OR TO PROVIDE INSURANCE COVERAGE FOR SUCH SERVICES
 OR CARE; PROVIDED, HOWEVER, THAT  THE  PROVISION  OF  SUCH  REPRODUCTIVE
 HEALTH  SERVICES  BY A PERSON DULY LICENSED UNDER THE LAWS OF THIS STATE
 AND PHYSICALLY PRESENT IN THIS STATE  AND  THE  PROVISION  OF  INSURANCE
 COVERAGE  FOR  SUCH SERVICES OR CARE SHALL BE A LEGALLY PROTECTED HEALTH
 ACTIVITY IF THE SERVICE OR CARE IS PERMITTED  UNDER  THE  LAWS  OF  THIS
 STATE, REGARDLESS OF THE PATIENT'S LOCATION.
   2. EXCEPT AS REQUIRED BY FEDERAL LAW, NO demand for the extradition of
 a person subject to criminal liability that is in whole or in part based
 on  the  alleged  provision  or  receipt  of, assistance in provision or
 receipt of, material support for, or any  theory  of  vicarious,  joint,
 several  or  conspiracy liability for [reproductive health care services
 lawfully] ANY LEGALLY PROTECTED HEALTH ACTIVITY performed  in  New  York
 shall  be  recognized  by the governor unless the executive authority of
 the demanding state shall allege in writing that the accused  was  PHYS-
 ICALLY  present  in the demanding state at the time of the commission of
 the alleged crime, and that thereafter he, she or they  fled  from  that
 state.
   §  2. Subdivision 3-a of section 140.10 of the criminal procedure law,
 as amended by chapter 101 of the laws of 2023, is  amended  to  read  as
 follows:
   3-a.  A  police  officer  may not arrest any person for [performing or
 aiding in the performance of an abortion] ANY LEGALLY  PROTECTED  HEALTH
 ACTIVITY  within  this  state  [that is performed in accordance with the
 applicable law of this state, for seeking to end, or ending,  or  aiding
 another in ending their pregnancy within this state, or for procuring or
 aiding  in  the procurement of an abortion within this state] AS DEFINED
 IN SECTION 570.17 OF THIS CHAPTER.
   § 3. Section 837-w of the executive law, as amended by chapter 101  of
 the  laws  of  2023,  is renumbered section 837-x and amended to read as
 follows:
   § 837-x. Cooperation with certain out-of-state investigations.  1. FOR
 PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE  THE  FOLLOWING
 MEANINGS:
   (A)  "REPRODUCTIVE  HEALTH  SERVICES"  SHALL  HAVE THE SAME MEANING AS
 PARAGRAPH (A) OF SUBDIVISION ONE  OF  SECTION  570.17  OF  THE  CRIMINAL
 PROCEDURE LAW; AND
   (B) "LEGALLY PROTECTED HEALTH ACTIVITY" SHALL HAVE THE SAME MEANING AS
 PARAGRAPH  (B)  OF  SUBDIVISION  ONE  OF  SECTION 570.17 OF THE CRIMINAL
 PROCEDURE LAW.
   2. No state or local [law enforcement agency] GOVERNMENT  EMPLOYEE  OR
 ENTITY  OR  OTHER  PERSON  ACTING ON BEHALF OF STATE OR LOCAL GOVERNMENT
 S. 1066--B                          3
 
 shall cooperate with or provide information to any individual or out-of-
 state agency or department [related to the performance or aiding in  the
 performance  of  an  abortion  within  this  state  that is performed in
 accordance  with  the  applicable  law of this state, ending, seeking to
 end, or aiding another in ending their pregnancy within this  state,  or
 procuring  or aiding in the procurement of an abortion within] REGARDING
 ANY LEGALLY PROTECTED HEALTH ACTIVITY IN THIS STATE, OR OTHERWISE EXPEND
 OR USE TIME, MONEYS, FACILITIES, PROPERTY, EQUIPMENT, PERSONNEL OR OTHER
 RESOURCES IN FURTHERANCE OF ANY INVESTIGATION OR PROCEEDING  THAT  SEEKS
 TO  IMPOSE  CIVIL OR CRIMINAL LIABILITY OR PROFESSIONAL SANCTIONS UPON A
 PERSON OR ENTITY FOR ANY LEGALLY PROTECTED HEALTH ACTIVITY OCCURRING  IN
 this  state. Nothing in this section shall prohibit the investigation of
 any [criminal activity in this state which may involve  the  performance
 of  an  abortion]  REPRODUCTIVE HEALTH SERVICES RENDERED IN VIOLATION OF
 THE LAWS OF THIS STATE, provided that no  information  relating  to  any
 medical  procedure performed on a specific individual may be shared with
 an out-of-state agency or any other individual. Nothing in this  section
 shall prohibit compliance with a valid, court-issued subpoena or warrant
 WHICH  DOES  NOT  RELATE  TO  A  LAW SEEKING TO IMPOSE CIVIL OR CRIMINAL
 LIABILITY OR PROFESSIONAL  SANCTIONS  FOR  A  LEGALLY  PROTECTED  HEALTH
 ACTIVITY,  OR  IN RESPONSE TO THE WRITTEN REQUEST OF A PERSON WHO IS THE
 SUBJECT OF SUCH AN INVESTIGATION OR PROCEEDING, TO THE EXTENT NECESSARY,
 IN EACH CASE, TO FULFILL SUCH REQUEST.
   § 4. Subdivision (g) of section 3119 of the  civil  practice  law  and
 rules,  as  added by chapter 219 of the laws of 2022, is amended to read
 as follows:
   (g)  (1)  Out-of-state  [abortion]   proceedings   REGARDING   LEGALLY
 PROTECTED  HEALTH  ACTIVITIES.  Notwithstanding  any other provisions of
 this section or any other law, no court or county clerk  shall  issue  a
 subpoena  under this section in connection with an out-of-state proceed-
 ing  relating to any [abortion services or procedures] LEGALLY PROTECTED
 HEALTH ACTIVITY which [were legally performed] OCCURRED in  this  state,
 unless  such  out-of-state  proceeding  [(1)]  (I)  sounds  in  tort  or
 contract[, or is based on statute], [(2)]  (II)  is  actionable,  in  an
 equivalent  or  similar  manner, under the laws of this state, and [(3)]
 (III) was brought by the patient who received reproductive  [healthcare]
 HEALTH  SERVICES  AS  DEFINED  IN  PARAGRAPH  (A)  OF SUBDIVISION ONE OF
 SECTION 570.17 OF THE CRIMINAL PROCEDURE LAW,  or  the  patient's  legal
 representative, SO LONG AS THE PATIENT GIVES EXPRESS CONSENT.
   (2)  FOR  PURPOSES  OF  THIS SUBDIVISION, THE TERMS "LEGALLY PROTECTED
 HEALTH ACTIVITY" AND "REPRODUCTIVE HEALTH SERVICES" SHALL HAVE THE  SAME
 MEANINGS AS DEFINED IN SUBDIVISION ONE OF SECTION 570.17 OF THE CRIMINAL
 PROCEDURE LAW.
   §  5.  Subdivision  (e)  of section 3102 of the civil practice law and
 rules, as amended by chapter 219 of the laws of 2022, is amended to read
 as follows:
   (e) Action pending in another  jurisdiction.  Except  as  provided  in
 section  three thousand one hundred nineteen of this article, when under
 any mandate, writ or commission issued out of any court of record in any
 other state, territory, district or foreign  jurisdiction,  or  whenever
 upon  notice  or  agreement,  it  is required to take the testimony of a
 witness in the state, he or she may be compelled to appear  and  testify
 in  the  same  manner and by the same process as may be employed for the
 purpose of taking testimony in actions pending in the state. The supreme
 court or a county court shall make  any  appropriate  order  in  aid  of
 taking  such  a  deposition;  provided that no order may be issued under
 S. 1066--B                          4
 
 this section in connection with an out-of-state proceeding  relating  to
 any [abortion services or procedures] LEGALLY PROTECTED HEALTH ACTIVITY,
 AS  DEFINED IN PARAGRAPH (B) OF SUBDIVISION ONE OF SECTION 570.17 OF THE
 CRIMINAL  PROCEDURE  LAW which [were legally performed] OCCURRED in this
 state, unless  such  out-of-state  proceeding  (1)  sounds  in  tort  or
 contract[,  or is based on statute], (2) is actionable, in an equivalent
 or similar manner, under the laws of this state, and (3) was brought  by
 the  patient  who received reproductive [healthcare] HEALTH SERVICES, or
 the patient's legal representative.
   § 6. The civil practice law and rules  is  amended  by  adding  a  new
 section 4550 to read as follows:
   §  4550. ADMISSIBILITY OF EVIDENCE RELATED TO LEGALLY PROTECTED HEALTH
 ACTIVITY.  EVIDENCE RELATING TO THE INVOLVEMENT OF A PARTY  ENGAGING  IN
 ONE  OR  MORE LEGALLY PROTECTED HEALTH ACTIVITY, AS DEFINED IN PARAGRAPH
 (B) OF SUBDIVISION ONE OF SECTION 570.17 OF THE CRIMINAL PROCEDURE  LAW,
 RELATING  TO PROVIDING REPRODUCTIVE HEALTH SERVICES TO PERSONS NOT PHYS-
 ICALLY PRESENT IN THIS STATE SHALL NOT BE OFFERED AGAINST SUCH PARTY  AS
 EVIDENCE  THAT  SUCH PARTY HAS ENGAGED IN ANY WRONGDOING, WHETHER CIVIL,
 CRIMINAL, PROFESSIONAL, OR OTHERWISE BY VIRTUE  OF  SUCH  RECIPIENTS  OF
 SUCH  SERVICES  NOT  BEING  PHYSICALLY PRESENT IN THIS STATE. NOTHING IN
 THIS SECTION SHALL PREVENT A PARTY FROM  OFFERING  SUCH  EVIDENCE  IN  A
 PROCEEDING  THAT  (I) SOUNDS IN TORT OR CONTRACT, (II) IS ACTIONABLE, IN
 AN EQUIVALENT OR SIMILAR MANNER, UNDER THE LAWS OF THIS STATE, AND (III)
 WAS BROUGHT BY THE PATIENT WHO RECEIVED REPRODUCTIVE HEALTH SERVICES, OR
 THE PATIENT'S LEGAL REPRESENTATIVE.
   § 7. Subsection (a) of section 3436-a of the insurance law, as amended
 by section 4 of part LL of chapter 57 of the laws of 2023, is amended to
 read as follows:
   (a) Every insurer that 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]  ENGAGES  IN LEGALLY
 PROTECTED HEALTH ACTIVITY, AS DEFINED IN PARAGRAPH  (B)  OF  SUBDIVISION
 ONE  OF  SECTION  570.17 OF THE CRIMINAL PROCEDURE LAW, that is legal in
 this state [on] WITH someone who is from out of the  state.  THE  SUPER-
 INTENDENT IS EXPRESSLY AUTHORIZED TO INTERPRET "LEGALLY PROTECTED HEALTH
 ACTIVITY"  AS  IF  SUCH  DEFINITION WAS STATED WITHIN THIS SECTION. Such
 policy shall include  health  care  providers  who  [legally]  prescribe
 abortion medication to out-of-state patients by means of telehealth.
   § 8. Subdivision 2 of section 6531-b of the education law, as added by
 chapter 220 of the laws of 2022, is amended to read as follows:
   2.  The  performance, recommendation, or provision of any reproductive
 health services as defined in subdivision one of this  section,  OR  ANY
 LEGALLY  PROTECTED HEALTH ACTIVITY AS DEFINED IN PARAGRAPH (B) OF SUBDI-
 VISION ONE OF SECTION 570.17 OF THE CRIMINAL PROCEDURE LAW, by a  health
 care  practitioner  acting within their scope of practice, for a patient
 who resides in a  state  wherein  the  performance,  recommendation,  or
 provision of such reproductive health services is illegal, shall not, by
 itself,  constitute  professional  misconduct under this title, or title
 two-A of article two of the public health law, or any other law, rule or
 regulation governing the licensure, certification, or  authorization  of
 such practitioner, nor shall any license, certification or authorization
 of  a  health  care  practitioner  be revoked, suspended, or annulled or
 otherwise subject to any other penalty or  discipline  provided  in  the
 public  health  law  or  this title solely on the basis that such health
 S. 1066--B                          5

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

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

The New York State Senate

senate Bill S1066B

Sponsored By

Current Bill Status - On Floor Calendar

Your Voice

Actions

Votes

Jan 24, 2023 - floor Vote

Floor Vote: Jan 24, 2023

Jan 23, 2023 - Rules committee Vote

Committee Vote: Jan 23, 2023

Jan 17, 2023 - Health committee Vote

Committee Vote: Jan 17, 2023

Bill Amendments

Co-Sponsors

S1066 - Details

S1066 - Summary

S1066 - Sponsor Memo

S1066 - Bill Text download pdf

Co-Sponsors

S1066A - Details

S1066A - Summary

S1066A - Sponsor Memo

S1066A - Bill Text download pdf

Co-Sponsors

S1066B (ACTIVE) - Details

S1066B (ACTIVE) - Summary

S1066B (ACTIVE) - Sponsor Memo

S1066B (ACTIVE) - Bill Text download pdf

Comments

senate Bill S1066B

Share this bill

Sponsored By

Current Bill Status - On Floor Calendar

Your Voice

Actions

Votes

Jan 24, 2023 - floor Vote

Floor Vote: Jan 24, 2023

Jan 23, 2023 - Rules committee Vote

Committee Vote: Jan 23, 2023

Jan 17, 2023 - Health committee Vote

Committee Vote: Jan 17, 2023

Bill Amendments

Co-Sponsors

S1066 - Details

S1066 - Summary

S1066 - Sponsor Memo

S1066 - Bill Text download pdf

Co-Sponsors

S1066A - Details

S1066A - Summary

S1066A - Sponsor Memo

S1066A - Bill Text download pdf

Co-Sponsors

S1066B (ACTIVE) - Details

S1066B (ACTIVE) - Summary

S1066B (ACTIVE) - Sponsor Memo

S1066B (ACTIVE) - Bill Text download pdf

Comments