Assembly Bill A11681

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   11681
 
                           I N  A S S E M B L Y
 
                             September 2, 2026
                                ___________
 
 Introduced  by  COMMITTEE  ON RULES -- (at request of M. of A. Santabar-
   bara) -- read once and referred to the Committee on Health
 
 AN ACT to amend the public health  law,  in  relation  to  enacting  the
   "Essential Health Care Access Protection act"
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Short title. This act shall be known and may  be  cited  as
 the "Essential Health Care Access Protection act".
   §  2. The public health law is amended by adding a new section 2803-cc
 to read as follows:
   § 2803-CC.  RESTRICTIVE  COVENANTS  AFFECTING  ESSENTIAL  HEALTH  CARE
 SERVICES.  1.  FOR  PURPOSES  OF THIS SECTION, THE FOLLOWING TERMS SHALL
 HAVE THE FOLLOWING MEANINGS:
   (A) "HEALTH CARE PROFESSIONAL" SHALL MEAN A PHYSICIAN OR OTHER  HEALTH
 CARE  PROFESSIONAL  LICENSED,  CERTIFIED OR REGISTERED PURSUANT TO TITLE
 EIGHT OF THE EDUCATION LAW.
   (B) "RESTRICTIVE COVENANT"  SHALL  MEAN  ANY  COVENANT,  AGREEMENT  OR
 PROVISION  THAT  RESTRICTS  A  HEALTH  CARE  PROFESSIONAL, FOLLOWING THE
 TERMINATION OF EMPLOYMENT OR  ANOTHER  PROFESSIONAL  RELATIONSHIP,  FROM
 PRACTICING,  ACCEPTING  EMPLOYMENT OR PROVIDING PROFESSIONAL SERVICES TO
 ANOTHER HEALTH CARE PROVIDER.
   2. NOTWITHSTANDING ANY INCONSISTENT PROVISION OF LAW, NO COURT OF THIS
 STATE SHALL GRANT INJUNCTIVE  OR  OTHER  EQUITABLE  RELIEF  ENFORCING  A
 RESTRICTIVE  COVENANT AGAINST A HEALTH CARE PROFESSIONAL WHERE THE COURT
 DETERMINES THAT SUCH ENFORCEMENT WOULD:
   (A) MATERIALLY IMPAIR ACCESS TO ESSENTIAL HEALTH CARE SERVICES  WITHIN
 THE AFFECTED COMMUNITY;
   (B)  CAUSE  OR MATERIALLY CONTRIBUTE TO THE ELIMINATION OR SUBSTANTIAL
 REDUCTION OF AN ESSENTIAL CLINICAL SERVICE PROVIDED BY A GENERAL  HOSPI-
 TAL;
   (C)  MATERIALLY  IMPAIR  THE  ABILITY OF A GENERAL HOSPITAL TO PROVIDE
 EMERGENCY, CRITICAL CARE, CARDIAC, PULMONARY OR OTHER  ESSENTIAL  HEALTH
 CARE SERVICES; OR
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD16293-01-6
              

 A. 11681                            2
 
   (D)  OTHERWISE  CREATE  A SUBSTANTIAL RISK TO THE CONTINUITY OR AVAIL-
 ABILITY OF ESSENTIAL HOSPITAL SERVICES WITHIN THE AFFECTED COMMUNITY.
   3.  IN  MAKING  A  DETERMINATION  PURSUANT  TO SUBDIVISION TWO OF THIS
 SECTION, THE COURT SHALL CONSIDER:
   (A) THE NUMBER OF PATIENTS REASONABLY EXPECTED TO BE AFFECTED;
   (B) THE AVAILABILITY AND PROXIMITY OF COMPARABLE HEALTH CARE SERVICES;
   (C) THE NUMBER, SPECIALTY AND ROLE OF THE AFFECTED HEALTH CARE PROFES-
 SIONALS;
   (D) THE EFFECT  UPON  EMERGENCY,  CRITICAL  CARE  AND  OTHER  HOSPITAL
 SERVICES;
   (E)  WHETHER  ENFORCEMENT  WOULD SUBSTANTIALLY REDUCE THE ABILITY OF A
 GENERAL HOSPITAL TO MAINTAIN AN ESSENTIAL CLINICAL SERVICE;
   (F) THE IMPACT UPON CONTINUITY OF CARE FOR EXISTING PATIENTS; AND
   (G) ANY OTHER FACTOR  THE  COURT  DETERMINES  RELEVANT  TO  PROTECTING
 ACCESS TO ESSENTIAL HEALTH CARE SERVICES.
   4.  NOTHING IN THIS SECTION SHALL BE CONSTRUED TO INVALIDATE OR OTHER-
 WISE IMPAIR ANY CONTRACTUAL PROVISION CONCERNING CONFIDENTIALITY,  TRADE
 SECRETS,  PROPRIETARY  INFORMATION, NONSOLICITATION OF EMPLOYEES, OR ANY
 OTHER CONTRACTUAL OBLIGATION UNRELATED TO RESTRICTING THE  PROVISION  OF
 HEALTH CARE SERVICES.
   5.  THE COMMISSIONER MAY, UPON REQUEST OF AN AFFECTED GENERAL HOSPITAL
 OR HEALTH CARE PROFESSIONAL, PROVIDE INFORMATION OR AN ASSESSMENT  TO  A
 COURT  CONCERNING  THE  POTENTIAL  EFFECT  OF ENFORCEMENT UPON ACCESS TO
 ESSENTIAL HEALTH CARE SERVICES.
   § 3. Severability. If any clause, sentence, paragraph, section or part
 of this act shall be adjudged by any court of competent jurisdiction  to
 be  invalid  and  after  exhaustion  of all further judicial review, the
 judgment shall not affect, impair or invalidate the  remainder  thereof,
 but  shall  be  confined in its operation to the clause, sentence, para-
 graph, section or part of this act directly involved in the  controversy
 in which the judgment shall have been rendered.
   §  4.  This  act  shall take effect immediately and shall apply to any
 application for injunctive or other equitable relief made or pending  on
 or after the effective date of this act.