Legislation

§ 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 care" shall have the same meaning as defined
by section 570.17 of the criminal procedure law;

(b) "Legally protected health activity" shall have the same meaning as
defined by section 570.17 of the criminal procedure law; and

(c) "Gender-affirming care" shall have the same meaning as defined by
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, 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,
professional sanctions, or any other legal consequences upon a person or
entity for any legally protected health activity; 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 person. 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 care or gender-affirming care rendered in violation
of the laws of this state, provided that no information relating to any
medical procedure performed on a specific individual shall 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 any effort to impose civil or criminal
liability, professional sanctions, or any other legal consequences for a
legally protected health activity, or in response to the written request
of a person who is the subject of such an investigation, proceeding, or
other effort, 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.