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This entry was published on 2024-02-16
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SECTION 837-X
Cooperation with certain out-of-state investigations
Executive (EXC) CHAPTER 18, ARTICLE 35
* § 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. (a) No state or local government employee or entity or other person
acting on behalf of state or local government shall cooperate with or
provide information to any out-of-state individual or out-of-state
agency or department 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; except that
the commissioner of health may share deidentified information as
strictly necessary to respond to a public health emergency or an
imminent threat to public health, or to consult and cooperate with the
appropriate agencies of the federal government or of other states in
accordance with the functions, powers, and duties of the department as
outlined under section two hundred one of the public health law, and may
share identified information in such circumstances only when strictly
necessary and with the consent of the patient. For purposes of this
section, "deidentified" means that the information cannot identify or be
made to identify or be associated with a particular individual, directly
or indirectly, and is subject to technical safeguards and policies and
procedures that prevent reidentification, whether intentionally or
unintentionally, of any individual.

(b) Nothing in this section shall prohibit the investigation of any
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.

(c) Nothing in this section shall prohibit disclosure of deidentified
information in compliance with federal grant reporting requirements or
other reporting requirements under federal law.

(d) This section shall not be construed to allow for the provision of
any information to any individual or out-of-state agency or department
which would not otherwise be available under state law.

* NB There are 2 § 837-x's