Senate Bill S10627

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10627
 
                             I N  S E N A T E
 
                               June 1, 2026
                                ___________
 
 Introduced  by  Sen.  MAYER  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the general business law, in relation  to  instances  in
   which a person or entity in the state of New York shall comply with or
   provide  information in response to an inquiry, investigation, subpoe-
   na, or summons  related  to  procedures  for  protections  of  legally
   protected health activities
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivisions 2 and 9 of section 394-i of the general  busi-
 ness  law,  as  amended  by  a  chapter of the laws of 2026 amending the
 insurance law and the general business law relating  to  procedures  for
 protections  of  legally  protected  health  activities,  as proposed in
 legislative bills numbers S. 8807 and A. 9501, are amended  to  read  as
 follows:
   2. No person or entity that is located, headquartered, or incorporated
 in  New  York  state  and  receives,  is served with, or is subject to a
 civil, criminal, or  regulatory  inquiry,  investigation,  subpoena,  or
 summons  for  information  regarding  legally  protected health activity
 shall comply with or provide information in response  to  such  inquiry,
 investigation, subpoena, or summons unless:
   (a)  such  inquiry, investigation, subpoena, or summons contains or is
 accompanied by an affirmation under penalty of  perjury  attesting  that
 [either]:
   (i)  it is not related to, and that any information obtained shall not
 be used in, any investigation or proceeding that seeks to  impose  civil
 or criminal liability, professional sanctions, or any other legal conse-
 quences  upon a person or entity for any legally protected health activ-
 ity; [or]
   (ii) it is related to such an investigation or proceeding, but  [falls
 within  an  exception  provided  in  paragraph one of subdivision (g) of
 section three thousand one hundred nineteen of the  civil  practice  law
 and  rules,  and  identifies  which exception applies to the information
 request] THE INVESTIGATION OR PROCEEDING (1) SOUNDS IN TORT OR CONTRACT,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD00432-14-6
 S. 10627                            2
 
 (2) IS ACTIONABLE, IN AN EQUIVALENT OR SIMILAR MANNER, UNDER THE LAWS OF
 THIS STATE, AND (3) WAS BROUGHT BY THE PERSON WHO RECEIVED  REPRODUCTIVE
 HEALTH  CARE  OR GENDER-AFFIRMING CARE, OR SUCH PERSON'S LEGAL REPRESEN-
 TATIVE,  SO  LONG  AS  SUCH  PERSON GIVES EXPRESS CONSENT UNLESS EXPRESS
 CONSENT IS NOT FEASIBLE DUE TO THEIR INJURY OR DEATH;
   (III) IT IS RELATED TO SUCH AN INVESTIGATION OR PROCEEDING BUT  IS  AT
 THE  REQUEST  OF  A  PERSON OR ENTITY WHO IS THE SUBJECT OF THE INVESTI-
 GATION OR PROCEEDING AND  AGAINST  WHOM  CIVIL  OR  CRIMINAL  LIABILITY,
 PROFESSIONAL  SANCTIONS,  OR  ANY  OTHER  LEGAL CONSEQUENCES FOR LEGALLY
 PROTECTED HEALTH ACTIVITY ARE SOUGHT, OR THEIR LEGAL REPRESENTATIVE; OR
   (IV) INFORMATION REGARDING LEGALLY PROTECTED HEALTH  ACTIVITY  MAY  BE
 INCIDENTALLY  INCLUDED  IN THE RESPONSE TO, BUT IS NOT THE FOCUS OF, THE
 INQUIRY,  INVESTIGATION,  SUBPOENA,  OR  SUMMONS,  AND  ANY  INFORMATION
 OBTAINED SHALL NOT BE USED IN ANY INVESTIGATION OR PROCEEDING THAT SEEKS
 TO  IMPOSE  CIVIL  OR CRIMINAL LIABILITY, PROFESSIONAL SANCTIONS, OR ANY
 OTHER LEGAL CONSEQUENCES  UPON  A  PERSON  OR  ENTITY  FOR  ANY  LEGALLY
 PROTECTED HEALTH ACTIVITY;
   (b)  FOR AN INQUIRY, INVESTIGATION, SUBPOENA OR SUMMONS ACCOMPANIED BY
 AN AFFIRMATION PURSUANT TO SUBPARAGRAPH (I) OF  PARAGRAPH  (A)  OF  THIS
 SUBDIVISION,  the person or entity receiving or subject to such inquiry,
 investigation, subpoena, or summons regarding legally  protected  health
 activity has:
   (i) (1) notified the attorney general within (A) five business days of
 receiving such inquiry, investigation, subpoena, or summons; or (B) five
 business  days prior to any compliance with such inquiry, investigation,
 subpoena, or summons, whichever comes first; [and]
   (2) provided a copy  of  such  inquiry,  investigation,  subpoena,  or
 summons  and  any  related materials to the attorney general, unless the
 person or entity seeking such information  regarding  legally  protected
 health activity obtains an order providing otherwise that is enforceable
 in New York issued by a court of competent jurisdiction; and
   (3)  A  MINIMUM  OF THIRTY DAYS HAS PASSED SINCE SUCH PERSON OR ENTITY
 NOTIFIED THE ATTORNEY GENERAL OF SUCH INQUIRY, INVESTIGATION,  SUBPOENA,
 OR  SUMMONS  PURSUANT  TO  PARAGRAPH (B) OF THIS SUBDIVISION, UNLESS THE
 PERSON OR ENTITY SEEKING SUCH INFORMATION  REGARDING  LEGALLY  PROTECTED
 HEALTH ACTIVITY OBTAINS AN ORDER PROVIDING OTHERWISE THAT IS ENFORCEABLE
 IN NEW YORK ISSUED BY A COURT OF COMPETENT JURISDICTION; AND
   (ii)  made reasonable attempts to notify the individual or individuals
 who provided, sought, received, facilitated,  or  otherwise  engaged  in
 such  legally  protected health activity to which such inquiry, investi-
 gation, subpoena, or summons pertains at  least  thirty  days  prior  to
 providing  any responsive information, unless the person or entity seek-
 ing such information regarding legally protected health activity obtains
 an order providing otherwise that is enforceable in New York issued by a
 court of competent jurisdiction; and
   (c) [a minimum of thirty days has passed since such person  or  entity
 notified  the attorney general of such inquiry, investigation, subpoena,
 or summons pursuant to paragraph (b) of  this  subdivision;  unless  the
 person  or  entity  seeking such information regarding legally protected
 health activity obtains an order providing otherwise that is enforceable
 in New York issued by a court of competent jurisdiction] FOR AN INQUIRY,
 INVESTIGATION, SUBPOENA OR SUMMONS ACCOMPANIED BY AN AFFIRMATION  PURSU-
 ANT  TO  SUBPARAGRAPH  (III)  OF  PARAGRAPH (A) OF THIS SUBDIVISION, THE
 PERSON OR ENTITY RECEIVING OR SUBJECT TO  SUCH  INQUIRY,  INVESTIGATION,
 SUBPOENA,    OR  SUMMONS  HAS SATISFIED THE REQUIREMENTS OF SUBPARAGRAPH
 (II) OF PARAGRAPH (B) OF THIS SUBDIVISION.
 S. 10627                            3
 
   9. [Nothing in this section shall prohibit] THE REQUIREMENTS SET FORTH
 IN SUBDIVISION TWO OF THIS SECTION SHALL NOT APPLY TO THE disclosure  of
 deidentified  information  in  compliance  with  federal  OR STATE grant
 reporting requirements or other reporting requirements under federal  OR
 STATE  law,  or identified information when strictly necessary to comply
 with a federal OR STATE audit of specific services for which payment has
 been made by the federal OR STATE government TO  FACILITATE  PAYMENT  OR
 REVIEW OF A CLAIM FOR PAYMENT OF HEALTH CARE SERVICES BY A PAYOR, OR  IN
 RESPONSE  TO AN INVESTIGATION OR INQUIRY BY A NEW YORK STATE ADMINISTRA-
 TIVE AGENCY. [Nothing in this section shall prohibit compliance with  an
 order  enforceable in New York entered by a court of competent jurisdic-
 tion.]
   § 2. Subdivision 8 of section 394-i of the general  business  law,  as
 added  by chapter 694 of the laws of 2025, is amended and a new subdivi-
 sion 11 is added to read as follows:
   8. Nothing in this section shall be construed to  prohibit  compliance
 with  the  investigation of any activity which would violate the laws of
 this state. Nothing in this section shall  [be  construed  to]  prohibit
 [sharing  information  regarding  legally  protected  health activity in
 response to the written request of a person who received  the  reproduc-
 tive  health care or gender-affirming care or their legal representative
 as provided in paragraph one of subdivision (g) of section  three  thou-
 sand  one  hundred  nineteen  of the civil practice law and rules, or in
 response to the written request of a person or entity who is the subject
 of an investigation or proceeding that seeks to impose civil or criminal
 liability, professional sanctions, or any other legal consequences  upon
 them  for  legally  protected health activity. In each case, information
 shall only be shared to the extent necessary to  fulfill  such  request]
 COMPLIANCE  WITH  AN  ORDER  ENFORCEABLE  IN NEW YORK STATE ENTERED BY A
 COURT OF COMPETENT JURISDICTION.
   11. NOTHING IN THIS SECTION SHALL APPLY TO A WRITTEN  REQUEST  FOR  OR
 AUTHORIZATION  TO  DISCLOSE  INFORMATION  REGARDING  REPRODUCTIVE HEALTH
 CARE, AS DEFINED BY PARAGRAPH (A) OF SUBDIVISION ONE OF  SECTION  570.17
 OF  THE  CRIMINAL PROCEDURE LAW, OR GENDER-AFFIRMING CARE, AS DEFINED BY
 PARAGRAPH (B) OF SUBDIVISION ONE  OF  SECTION  570.17  OF  THE  CRIMINAL
 PROCEDURE  LAW,  THAT  IS  MADE  BY THE PERSON WHO RECEIVED SUCH CARE OR
 THEIR LEGAL REPRESENTATIVE.
   § 3. This act shall take effect on the  same  date  and  in  the  same
 manner  as  a chapter of the laws of 2026 amending the insurance law and
 the general business law  relating  to  procedures  for  protections  of
 legally  protected  health  activities, as proposed in legislative bills
 numbers S.  8807 and A. 9501, takes effect.