Establishes a cause of action for relief from a judgment related to reproductive health services; relates to disclosure of information and subpoenas related to reproductive health care services; relates to the extradition of reproductive health care providers or recipients; prohibits investigation pertaining to reproductive health care in furtherance of any interstate investigation or proceeding seeking to impose civil or criminal liability upon a person or entity providing or receiving such services.
STATE OF NEW YORK
________________________________________________________________________
7918
2023-2024 Regular Sessions
IN ASSEMBLY
August 4, 2023
___________
Introduced by M. of A. SIMON, DICKENS, BURDICK, SILLITTI, DAVILA, DINOW-
ITZ, JACOBSON, STECK -- read once and referred to the Committee on
Codes
AN ACT to amend the civil practice law and rules, the criminal procedure
law and the executive law, in relation to the provision of protections
for persons receiving and providing reproductive health care services
in the state and access to reproductive health care services in the
state
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The civil practice law and rules is amended by adding a new
2 section 5108 to read as follows:
3 § 5108. Relief from judgment related to reproductive health care
4 services. 1. As used in this section:
5 (a) "Reproductive health care services" includes all medical, surgi-
6 cal, counseling or referral services relating to the human reproductive
7 system, including, but not limited to, services relating to pregnancy,
8 contraception or the termination of a pregnancy; and
9 (b) "Person" includes an individual, a partnership, an association, a
10 limited liability company or a corporation.
11 2. When any person has had a judgment entered against such person, in
12 any state, where liability, in whole or in part, is based on the alleged
13 provision, receipt, assistance in receipt or provision, support for, or
14 any theory of vicarious, joint, several or conspiracy liability derived
15 therefrom, for reproductive health care services that are permitted
16 under the laws of this state, such person may recover damages from any
17 party that brought the action leading to that judgment or has sought to
18 enforce that judgment. Recoverable damages shall include:
19 (a) just damages created by the action that led to that judgment,
20 including, but not limited to, money damages in the amount of the judg-
21 ment in that other state and costs, expenses and reasonable attorneys'
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD09802-02-3
A. 7918 2
1 fees spent in defending the action that resulted in the entry of a judg-
2 ment in another state; and
3 (b) costs, expenses and reasonable attorneys' fees incurred in bring-
4 ing an action under this section as may be allowed by the court.
5 3. The provisions of this section shall not apply to a judgment
6 entered in another state that is based on:
7 (a) an action founded in tort, contract or statute, and for which a
8 similar claim would exist under the laws of this state, brought by the
9 patient who received the reproductive health care services upon which
10 the original lawsuit was based or the patient's authorized legal repre-
11 sentative, for damages suffered by the patient or damages derived from
12 an individual's loss of consortium of the patient;
13 (b) an action founded in contract, and for which a similar claim would
14 exist under the laws of this state, brought or sought to be enforced by
15 a party with a contractual relationship with the person that is the
16 subject of the judgment entered in another state; or
17 (c) an action where no part of the acts that formed the basis for
18 liability occurred in this state.
19 § 2. The civil practice law and rules is amended by adding a new
20 section 3119-a to read as follows:
21 § 3119-a. Disclosure of information related to reproductive health
22 care services. 1. Except as otherwise provided by law or by subdivision
23 three of this section, in any civil action or any proceeding preliminary
24 thereto or in any probate, legislative or administrative proceeding, no
25 covered entity, as defined in 45 CFR 160.103, shall disclose:
26 (a) any communication made to such covered entity, or any information
27 obtained by such covered entity from, a patient or the conservator,
28 guardian or other authorized legal representative of a patient relating
29 to reproductive health care services as defined in section fifty-one
30 hundred eight of this chapter, that are permitted under the laws of this
31 state; or
32 (b) any information obtained by personal examination of a patient
33 relating to reproductive health care services, as defined in section
34 fifty-one hundred eight of this chapter, that are permitted under the
35 laws of this state, unless the patient or the patient's conservator,
36 guardian or other authorized legal representative explicitly consents in
37 writing to such disclosure.
38 2. A covered entity, as defined in 45 CFR 160.103, shall inform the
39 patient or the patient's conservator, guardian or other authorized legal
40 representative of the patient's right to withhold such written consent.
41 3. Written consent of the patient or the patient's conservator, guard-
42 ian or other authorized legal representative shall not be required for
43 the disclosure of such communication or information:
44 (a) pursuant to the laws of this state or the rules of the court;
45 (b) by a covered entity against whom a claim has been made, or there
46 is a reasonable belief will be made, in such action or proceeding, to
47 the covered entity's attorney or professional liability insurer or such
48 insurer's agent for use in the defense of such action or proceeding;
49 (c) to the commissioner of health for records of a patient of a
50 covered entity in connection with an investigation of a complaint, if
51 such records are related to the complaint; or
52 (d) if child abuse, abuse of an elderly individual, abuse of an indi-
53 vidual who is physically disabled or incompetent or abuse of an individ-
54 ual with intellectual disability is known or in good faith suspected.
55 4. Nothing in this section shall be construed to impede the lawful
56 sharing of medical records as permitted by state or federal law or the
A. 7918 3
1 rules of the court, except in the case of a subpoena commanding the
2 production, copying or inspection of medical records relating to repro-
3 ductive health care services, as defined in section fifty-one hundred
4 eight of this chapter.
5 § 3. Section 3119 of the civil practice law and rules is amended by
6 adding a new subdivision (i) to read as follows:
7 (i) Subpoenas related to reproductive health care services. Notwith-
8 standing any other provision of law, no court or county clerk shall
9 issue a subpoena requested by a commissioner, appointed according to the
10 laws or usages of any other state or government, or by any court of the
11 United States or of any other state or government, when such subpoena
12 relates to reproductive health care services, as defined in section
13 fifty-one hundred eight of this chapter, that are permitted under the
14 laws of this state, unless the subpoena relates to:
15 (1) an out-of-state action founded in tort, contract or statute, for
16 which a similar claim would exist under the laws of this state, brought
17 by a patient or the patient's authorized legal representative, for
18 damages suffered by the patient or damages derived from an individual's
19 loss of consortium of the patient; or
20 (2) an out-of-state action founded in contract, and for which a simi-
21 lar claim would exist under the laws of this state, brought or sought to
22 be enforced by a party with a contractual relationship with the person
23 that is the subject of the subpoena requested by a commissioner
24 appointed according to the laws or usages of another state.
25 § 4. The criminal procedure law is amended by adding a new section
26 570.15 to read as follows:
27 § 570.15 Extradition of reproductive health care providers or recipi-
28 ents.
29 No judge shall issue a summons in a case where prosecution is pending,
30 or where a grand jury investigation has commenced or is about to
31 commence for a criminal violation of a law of such other state involving
32 the provision or receipt of or assistance with reproductive health care
33 services, as defined in section fifty-one hundred eight of the civil
34 practice law and rules, that are legal in this state, unless the acts
35 forming the basis of the prosecution or investigation would also consti-
36 tute an offense in this state.
37 § 5. Section 570.06 of the criminal procedure law is amended to read
38 as follows:
39 § 570.06 Fugitives from justice; duty of governor.
40 Subject to the provisions of this article, the provisions of the
41 constitution of the United States controlling, and any and all acts of
42 congress enacted in pursuance thereof, it is the duty of the governor of
43 this state to have arrested and delivered up to the executive authority
44 of any other state of the United States any person charged in that state
45 with treason, felony, or other crime, who has fled from justice and is
46 found in this state; provided the acts for which extradition is sought
47 would be punishable by the laws of this state, if the consequences
48 claimed to have resulted from those acts in the demanding state had
49 taken effect in this state.
50 § 6. The executive law is amended by adding a new section 170-g to
51 read as follows:
52 § 170-g. Investigation of information pertaining to reproductive
53 health care services. 1. No public agency, division or office, or
54 employee, appointee, officer or official thereof or any other person
55 acting on behalf of a public agency, division or office, may provide any
56 information or expend or use time, money, facilities, property, equip-
A. 7918 4
1 ment, personnel or other resources in furtherance of any interstate
2 investigation or proceeding seeking to impose civil or criminal liabil-
3 ity upon a person or entity for:
4 (a) the provision, seeking or receipt of or inquiring about reproduc-
5 tive health care services, as defined in section fifty-one hundred eight
6 of the civil practice law and rules, that are legal in this state; or
7 (b) assisting any person or entity providing, seeking, receiving or
8 responding to an inquiry about reproductive health care services, as
9 defined in section fifty-one hundred eight of the civil practice law and
10 rules, that are legal in this state.
11 2. This section shall not apply to any investigation or proceeding
12 where the conduct subject to potential liability under the investigation
13 or proceeding would be subject to liability under the laws of this state
14 if committed in this state.
15 § 7. This act shall take effect on the sixtieth day after it shall
16 have become a law. Effective immediately, the addition, amendment and/or
17 repeal of any rule or regulation necessary for the implementation of
18 this act on its effective date are authorized to be made and completed
19 on or before such effective date.
