Prohibits medical malpractice insurance companies from taking any adverse action against an abortion or reproductive health care provider who performs an abortion or provides reproductive health care that is legal in the state of New York on someone who is from out of the state.
STATE OF NEW YORK
________________________________________________________________________
9718--B
IN ASSEMBLY
March 28, 2022
___________
Introduced by M. of A. L. ROSENTHAL, FAHY, GALEF, GALLAGHER, SEAWRIGHT,
CRUZ, CLARK, SIMON, DAVILA, GONZALEZ-ROJAS, GRIFFIN, DICKENS, EPSTEIN,
ENGLEBRIGHT, GOTTFRIED, JACOBSON, COOK, ZEBROWSKI, OTIS -- read once
and referred to the Committee on Insurance -- committee discharged,
bill amended, ordered reprinted as amended and recommitted to said
committee -- again reported from said committee with amendments,
ordered reprinted as amended and recommitted to said committee
AN ACT to amend the insurance law, in relation to prohibiting medical
malpractice insurance companies from taking any adverse action against
a reproductive health care provider who provides legal reproductive
health care
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The insurance law is amended by adding a new section 3436-a
2 to read as follows:
3 § 3436-a. 1. Adverse action against legal reproductive health care.
4 Every insurer which issues or renews medical malpractice insurance
5 covering a health care provider licensed to practice in this state shall
6 be prohibited from taking any adverse action against a health care
7 provider solely on the basis that the health care provider performs an
8 abortion or provides reproductive health care that is legal in the state
9 of New York on someone who is from out of the state. Such policy shall
10 include health care providers who legally prescribe abortion medication
11 to out-of-state patients by means of telehealth.
12 2. As used in this section, "adverse action" shall mean but not be
13 limited to: (a) refusing to renew or execute a contract or agreement
14 with a health care provider; (b) making a report or commenting to an
15 appropriate private or governmental entity regarding practices of such
16 provider which may violate abortion laws in other states; and (c)
17 increasing in any charge for, or a reduction or other adverse or unfa-
18 vorable change in the terms of coverage or amount for, any medical malp-
19 ractice insurance contract or agreement with a health care provider.
20 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD15073-07-2
