BILL NUMBER: S8807
SPONSOR: KRUEGER
 
TITLE OF BILL:
An act to amend the insurance law and the general business law, in
relation to procedures for protections of legally protected health
activities
 
PURPOSE:
This chapter amendment clarifies provisions of L.2025, c.694.
 
SUMMARY OF PROVISIONS:
This legislation amends the underlying chapter to expand New York
protections for "legally protected health activities," tighten enforce-
ment, extend insurer protections, and strengthen limits on cooperation
with out-of-state investigations.
Section 1, subsections (b) and 1(c), amend the underlying chapter by
expanding existing provisions of the insurance law, which prohibit
insurers from penalizing health care providers for the lawful
prescription or use in New York of abortion medications, to include
professional liability insurance in addition to medical malpractice
insurance and by extending the definition of "adverse action" to include
refusal to renew or execute professional liability insurance.
Sections 2 amends the underlying chapter by adding definitions of
"gender-affirming care" and "legally protected health activity" as
defined by the Criminal Procedure Law, thereby incorporating uniform,
cross-referenced definitions into the General Business Law and expanding
the scope of protected health activities.
Additionally, Section 2 amends the underlying chapter by revising the
definition of "prohibited violation" to remove abortion-specific and
out-of-state focused language, expand protections against civil or crim-
inal liability, professional sanctions, and other legal consequences
arising from legally protected health activities, and clarify that only
limited proceedings must be brought by the person who received care or
their legal representative provided that the person who received care
gave express consent or consent is not feasible due to injury or death.
Section 2 also specifies that the Office of the Attorney General may
bring a special proceedings, as well as a civil action, to enforce the
provisions of this legislation.
Section 3 amends the underlying chapter by enhancing protections for
entities and individuals in New York against out-of-state civil, crimi-
nal, or regulatory inquiries related to legally protected health activ-
ities. It amends the timeframes for notifications to the Attorney Gener-
al to five business days and adds limitations to notification in
instances when limitations regarding notifications are pursuant to an
order enforceable in New York issued by a court of competent jurisdic-
tion. It also clarifies that compliance is only permitted with a court
order enforceable in New York which is obtained by the individual or
entity seeking the legally protected health activity information and
broadens the Attorney General's authority to pursue all available legal
and equitable remedies.
Section 3 also amends the underlying chapter by clarifying the Attorney
General's enforcement authority. It explicitly authorizes the Attorney
General to initiate a civil action or special proceeding to enforce the
law's provisions, while removing language that had limited the Attorney
General's ability to act unless they believed a violation was likely.
Additionally, statutory penalties were lowered from $15,000 to $10,000
per violation,
 
JUSTIFICATION:
This legislation is a negotiated change to the underlying chapter.
 
LEGISLATIVE HISTORY:
Chapter amendment to Chapter 694 of the Laws of 2025.
 
FISCAL IMPLICATIONS:
None.
 
EFFECTIVE DATE:
This act shall take effect on the same date and in the same manner as a
chapter of the laws of 2025 amending the civil practice law and rules
and other laws relating to protecting individuals who provide or receive
legally protected health activity from criminal or civil liability or
professional sanctions imposed by jurisdictions outside the state, as
proposed in legislative bills numbers S.4914-B and A.5480-C, takes
effect.