Governor Signs Senator Hinchey’s Bill to Protect New York Abortion Providers
KINGSTON, NY – Senator Michelle Hinchey today announced that her bill to protect medical providers who perform abortions was signed into law by Governor Hochul along with a package of legislation to bolster access to reproductive healthcare in the State of New York. Senate Bill S9080B-Hinchey would prohibit medical malpractice insurance companies from taking adverse action against a licensed New York medical provider who performs an abortion or any reproductive healthcare service to a patient whose home state has made abortion illegal.
“With the Supreme Court poised to overturn Roe and swift action by states across our country to criminalize reproductive healthcare, we are fighting to ensure that no matter what happens at the federal level, New York is a safe place for everyone providing and seeking an abortion here,” said Senator Hinchey. “I’m proud to sponsor a bill as part of this critical package of legislation being signed today that protects medical practitioners from retaliatory actions if they perform an abortion for a patient whose home state has made this vital healthcare illegal. I will always fight to protect and expand access to reproductive healthcare, and I’m proud to stand with my colleagues and Governor Hochul today to affirm that every person in need of an abortion can find one safely here in New York.”
The legislation signed by the Governor today with Senator Hinchey’s co-sponsorship includes:
- Establishes Freedom From Interference with Protected Reproductive Rights: This bill, S9039A, protects the rights of individuals coming to New York for an abortion or gender-affirming care, creating a civil cause of action for unlawful interference with these healthcare rights. This will allow individuals to bring a claim against someone who has sued them or brought charges against them for facilitating, aiding, or obtaining reproductive health or endocrine care services in accordance with New York State Law.
- Prohibits Medical Misconduct Charges for Performing Reproductive Health Care: This bill, S9079B, prohibits professional misconduct charges against healthcare practitioners on the basis that such healthcare practitioner, acting within their scope of practice, performed, recommended or provided reproductive healthcare services for a patient who resides in a state where such services are legal.
- Expands Eligibility of the Address Confidentiality Program: This bill, S9384A, allows reproductive healthcare service providers, employees, volunteers, patients, or immediate family members of reproductive healthcare service providers to enroll in the State's Address Confidentiality Program (ACP) to protect themselves from threats.
- Creates a Statutory Exception for Extradition and Discovery Cooperation: This bill, S9077A, forbids New York State from cooperating with out-of-state civil and criminal legal cases involving abortions that took place legally within its borders, except in limited circumstances.
- For criminal cases, the bill prohibits New York from extraditing a defendant to another state to face abortion-related charges unless the governor of that state alleges in writing that the defendant was present in that state at the time of the alleged offense and that they later fled.
- For civil cases, the bill prohibits a New York court from honoring a subpoena request from the court of another state if the out-of-state case relates to abortion services legally performed in New York State. A New York court may still honor an out-of-state subpoena if the case is brought by the patient.
- Examines the Impact of Limited Service Pregnancy Centers: This bill, S470, directs the New York State Department of Health Commissioner to conduct a study and issue a report examining the unmet health and resource needs facing pregnant people in New York and the impact of limited service pregnancy centers. This ensures New Yorkers have access to information and resources necessary to have healthy pregnancies with positive outcomes.