Legislation

§ 3436-a. Adverse action against legal reproductive health care or
gender-affirming care. (a) Every insurer that issues or renews medical
malpractice insurance or professional liability insurance covering a
health care provider licensed to practice in this state shall be
prohibited from taking any adverse action against a health care provider
solely on the basis that the health care provider engages in legally
protected health activity, as defined by section 570.17 of the criminal
procedure law. The superintendent is expressly authorized to interpret
"legally protected health activity" as if such definition was stated
within this section. Such policy shall include health care providers
who prescribe abortion medication to out-of-state patients by means of
telehealth.

(b) Every insurer that issues or renews medical malpractice insurance
covering a health care provider licensed to practice in this state shall
be prohibited from refusing to issue or renew, canceling, or charging or
imposing an increased premium or rate for, or excluding, limiting,
restricting, or reducing coverage under a medical malpractice insurance
policy based solely upon the legal use or prescription in this state of
any drug prescribed for the purpose of an abortion, including both
generic and brand name drugs, that has not been approved by the food and
drug administration for abortion, provided, however, that such drug
shall be a recognized medication for abortion in one of the following
established reference compendia:

(1) The WHO Model Lists of Essential Medicines;

(2) The WHO Abortion Care Guidance; or

(3) The National Academies of Science, Engineering, and Medicine
Consensus Study Report.

(c) As used in this section, "adverse action" shall mean but not be
limited to: (1) refusing to renew or execute a contract or agreement
with a health care provider; (2) making a report or commenting to an
appropriate private or governmental entity regarding practices of such
provider which may violate abortion laws in other states; and (3)
increasing in any charge for, or a reduction or other adverse or
unfavorable change in the terms of coverage or amount for, any medical
malpractice insurance contract or agreement with a health care provider.

(d) As used in this section, "medical malpractice insurance" shall
have the meaning set forth in section five thousand five hundred one of
this chapter.

(e) As used in this section, "professional liability insurance" shall
mean insurance against legal liability of the insured, and against loss,
damage, or expense incident to a claim of such liability arising out of
the death or injury of any person due to medical, psychiatric, mental
health, or other malpractice by any licensed physician assistant,
physical therapist, physical therapist assistant, pharmacist, registered
pharmacy technician, nurse, psychologist, psychiatrist, social worker,
occupational therapist, speech-language pathologist, or mental health
practitioner.

(f) As used in this section, "health care provider" shall mean a
person who is licensed, certified, or authorized under title eight of
the education law and acting within their lawful scope of practice and
includes, but is not limited to persons subject to articles one hundred
thirty-one, one hundred thirty-one-B, one hundred thirty-six, one
hundred thirty-seven, one hundred thirty-seven-A, one hundred
thirty-nine, one hundred forty, one hundred fifty-three, one hundred
fifty-four, one hundred fifty-six, one hundred fifty-nine, or one
hundred sixty-three of the education law or any other person designated
as a health care provider by law, rule, or regulation.