Legislation

§ 394-i. Legally protected health activities. 1. For the purposes of
this section, the term "legally protected health activity" shall have
the same meaning as defined by section 570.17 of the criminal procedure
law.

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
consequences upon a person or entity for any legally protected health
activity; 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;

(b) the person or entity receiving or subject to such inquiry,
investigation, subpoena, or summons regarding legally protected health
activity has:

(i) notified the attorney general within seventy-two hours of
receiving such inquiry, investigation, subpoena, or summons; indicated
in such notice whether such person or entity intends to comply with such
inquiry, investigation, subpoena, or summons; provided a copy of such
inquiry, investigation, subpoena, or summons and any related materials
to the attorney general; 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,
investigation, subpoena, or summons pertains at least thirty days prior
to providing any responsive information, unless otherwise ordered 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.

3. A person or entity who submits a false affirmation in violation of
subdivision two of this section shall be subject to the jurisdiction of
the courts of this state for any suit, penalties, or damages arising out
of such false affirmation.

(a) The attorney general may commence an action or special proceeding
for damages and/or penalties against any person or entity that submits a
false affirmation in violation of subdivision two of this section.

(i) The courts of this state shall assess a statutory penalty of
fifteen thousand dollars per violation against any person or entity
found to have intentionally, knowingly, willingly, or recklessly
submitted a false affirmation. This shall be in addition to any other
legal or equitable remedy lawfully available.

(ii) Any action or special proceeding brought by the attorney general
pursuant to this section shall be commenced within six years of the date
on which the attorney general received notice of the inquiry,
investigation, subpoena, or summons that such false affirmation
accompanied.

4. The attorney general of this state may commence an action or
special proceeding to enforce the provisions of this section, including
but not limited to an application or motion for an order enjoining
ongoing or future violations of this section. The attorney general shall
not commence such an action unless the attorney general has reason to
believe the defendant or respondent intends to comply or has complied
with an inquiry, investigation, subpoena, or summons regarding legally
protected health activity.

(a) Any action or special proceeding brought by the attorney general
pursuant to this section shall be commenced within six years of the date
on which the attorney general received notice of the inquiry,
investigation, subpoena, or summons at issue.

(b) Notwithstanding any contrary provision of law, the attorney
general may seek all available legal and equitable remedies.

(c) The courts of this state shall assess a statutory penalty of
fifteen thousand dollars per violation against any person or entity
found to have intentionally, knowingly, willingly, or recklessly
complied with an inquiry, investigation, subpoena, or summons regarding
legally protected health activity in violation of this section. This
shall be in addition to any other legal or equitable remedy lawfully
available.

5. Any 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 may institute a civil action to obtain declaratory relief, or
such other relief deemed necessary and proper by the court, stating that
this section prohibits their compliance with the inquiry, investigation,
subpoena, or summons.

(a) At or before the commencement of any action under this section,
notice thereof and a copy of the commencing document and all supporting
documents shall be served upon the attorney general.

(b) The attorney general is authorized to intervene in any such action
brought pursuant to this section.

(c) If the person or entity initiating an action brought under this
section prevails in such action, the court shall award reasonable costs
and attorney's fees.

(d) Any action brought pursuant to this section shall be commenced
within one year of the date on which the inquiry, investigation,
subpoena, or summons at issue was received or served, whichever is
later.

6. Any person or entity that issues or causes to be issued a civil,
criminal, or regulatory inquiry, investigation, subpoena, or summons to
a person or entity located, headquartered, or incorporated in New York
state shall be subject to the jurisdiction of the courts of this state
for any action, suit, penalties, or damages arising out of this section.

7. Where compliance with this section delays or prohibits a person's
or entity's response to a subpoena, such person or entity shall not be
held in contempt or otherwise subject to legal consequences under
section two thousand three hundred eight of the civil practice law and
rules or any other law of this state for their delay in responding or
failure to respond.

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
reproductive health care or gender-affirming care or their legal
representative as provided in paragraph one of subdivision (g) of
section three thousand 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.

9. Nothing in this section shall prohibit disclosure of deidentified
information in compliance with federal grant reporting requirements or
other reporting requirements under federal law, or identified
information when strictly necessary to comply with a federal audit of
specific services for which payment has been made by the federal
government. Nothing in this section shall prohibit compliance with a
valid federal court order.

10. This section shall not be construed to allow for the provision of
any information to any individual or any agency or department outside
New York state which would not otherwise be available under state law.