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
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10116
IN ASSEMBLY
April 29, 2022
___________
Introduced by M. of A. ABINANTI -- read once and referred to the Commit-
tee 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'
22 fees spent in defending the action that resulted in the entry of a judg-
23 ment in another state; and
24 (b) costs, expenses and reasonable attorneys' fees incurred in bring-
25 ing an action under this section as may be allowed by the court.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD15482-01-2
A. 10116 2
1 3. The provisions of this section shall not apply to a judgment
2 entered in another state that is based on:
3 (a) an action founded in tort, contract or statute, and for which a
4 similar claim would exist under the laws of this state, brought by the
5 patient who received the reproductive health care services upon which
6 the original lawsuit was based or the patient's authorized legal repre-
7 sentative, for damages suffered by the patient or damages derived from
8 an individual's loss of consortium of the patient;
9 (b) an action founded in contract, and for which a similar claim would
10 exist under the laws of this state, brought or sought to be enforced by
11 a party with a contractual relationship with the person that is the
12 subject of the judgment entered in another state; or
13 (c) an action where no part of the acts that formed the basis for
14 liability occurred in this state.
15 § 2. The civil practice law and rules is amended by adding a new
16 section 3119-a to read as follows:
17 § 3119-a. Disclosure of information related to reproductive health
18 care services. 1. Except as otherwise provided by law or by subdivision
19 three of this section, in any civil action or any proceeding preliminary
20 thereto or in any probate, legislative or administrative proceeding, no
21 covered entity, as defined in 45 CFR 160.103, shall disclose:
22 (a) any communication made to such covered entity, or any information
23 obtained by such covered entity from, a patient or the conservator,
24 guardian or other authorized legal representative of a patient relating
25 to reproductive health care services as defined in section fifty-one
26 hundred eight of this chapter, that are permitted under the laws of this
27 state; or
28 (b) any information obtained by personal examination of a patient
29 relating to reproductive health care services, as defined in section
30 fifty-one hundred eight of this chapter, that are permitted under the
31 laws of this state, unless the patient or the patient's conservator,
32 guardian or other authorized legal representative explicitly consents in
33 writing to such disclosure.
34 2. A covered entity, as defined in 45 CFR 160.103, shall inform the
35 patient or the patient's conservator, guardian or other authorized legal
36 representative of the patient's right to withhold such written consent.
37 3. Written consent of the patient or the patient's conservator, guard-
38 ian or other authorized legal representative shall not be required for
39 the disclosure of such communication or information:
40 (a) pursuant to the laws of this state or the rules of the court;
41 (b) by a covered entity against whom a claim has been made, or there
42 is a reasonable belief will be made, in such action or proceeding, to
43 the covered entity's attorney or professional liability insurer or such
44 insurer's agent for use in the defense of such action or proceeding;
45 (c) to the commissioner of health for records of a patient of a
46 covered entity in connection with an investigation of a complaint, if
47 such records are related to the complaint; or
48 (d) if child abuse, abuse of an elderly individual, abuse of an indi-
49 vidual who is physically disabled or incompetent or abuse of an individ-
50 ual with intellectual disability is known or in good faith suspected.
51 4. Nothing in this section shall be construed to impede the lawful
52 sharing of medical records as permitted by state or federal law or the
53 rules of the court, except in the case of a subpoena commanding the
54 production, copying or inspection of medical records relating to repro-
55 ductive health care services, as defined in section fifty-one hundred
56 eight of this chapter.
A. 10116 3
1 § 3. Section 3119 of the civil practice law and rules is amended by
2 adding a new subdivision (g) to read as follows:
3 (g) Subpoenas related to reproductive health care services. Notwith-
4 standing any other provision of law, no court or county clerk shall
5 issue a subpoena requested by a commissioner, appointed according to the
6 laws or usages of any other state or government, or by any court of the
7 United States or of any other state or government, when such subpoena
8 relates to reproductive health care services, as defined in section
9 fifty-one hundred eight of this chapter, that are permitted under the
10 laws of this state, unless the subpoena relates to:
11 (1) an out-of-state action founded in tort, contract or statute, for
12 which a similar claim would exist under the laws of this state, brought
13 by a patient or the patient's authorized legal representative, for
14 damages suffered by the patient or damages derived from an individual's
15 loss of consortium of the patient; or
16 (2) an out-of-state action founded in contract, and for which a simi-
17 lar claim would exist under the laws of this state, brought or sought to
18 be enforced by a party with a contractual relationship with the person
19 that is the subject of the subpoena requested by a commissioner
20 appointed according to the laws or usages of another state.
21 § 4. The criminal procedure law is amended by adding a new section
22 570.17 to read as follows:
23 § 570.17 Extradition of reproductive health care providers or recipi-
24 ents.
25 No judge shall issue a summons in a case where prosecution is pending,
26 or where a grand jury investigation has commenced or is about to
27 commence for a criminal violation of a law of such other state involving
28 the provision or receipt of or assistance with reproductive health care
29 services, as defined in section fifty-one hundred eight of the civil
30 practice law and rules, that are legal in this state, unless the acts
31 forming the basis of the prosecution or investigation would also consti-
32 tute an offense in this state.
33 § 5. Section 570.06 of the criminal procedure law is amended to read
34 as follows:
35 § 570.06 Fugitives from justice; duty of governor.
36 Subject to the provisions of this article, the provisions of the
37 constitution of the United States controlling, and any and all acts of
38 congress enacted in pursuance thereof, it is the duty of the governor of
39 this state to have arrested and delivered up to the executive authority
40 of any other state of the United States any person charged in that state
41 with treason, felony, or other crime, who has fled from justice and is
42 found in this state; provided the acts for which extradition is sought
43 would be punishable by the laws of this state, if the consequences
44 claimed to have resulted from those acts in the demanding state had
45 taken effect in this state.
46 § 6. The executive law is amended by adding a new section 170-f to
47 read as follows:
48 § 170-f. Investigation of information pertaining to reproductive
49 health care services. 1. No public agency, division or office, or
50 employee, appointee, officer or official thereof or any other person
51 acting on behalf of a public agency, division or office, may provide any
52 information or expend or use time, money, facilities, property, equip-
53 ment, personnel or other resources in furtherance of any interstate
54 investigation or proceeding seeking to impose civil or criminal liabil-
55 ity upon a person or entity for:
A. 10116 4
1 (a) the provision, seeking or receipt of or inquiring about reproduc-
2 tive health care services, as defined in section fifty-one hundred eight
3 of the civil practice law and rules, that are legal in this state; or
4 (b) assisting any person or entity providing, seeking, receiving or
5 responding to an inquiry about reproductive health care services, as
6 defined in section fifty-one hundred eight of the civil practice law and
7 rules, that are legal in this state.
8 2. This section shall not apply to any investigation or proceeding
9 where the conduct subject to potential liability under the investigation
10 or proceeding would be subject to liability under the laws of this state
11 if committed in this state.
12 § 7. This act shall take effect on the sixtieth day after it shall
13 have become a law. Effective immediately, the addition, amendment and/or
14 repeal of any rule or regulation necessary for the implementation of
15 this act on its effective date are authorized to be made and completed
16 on or before such effective date.
