Assembly Bill A9718

Signed By Governor
2021-2022 Legislative Session

Prohibits medical malpractice insurance companies from taking any adverse action against a reproductive health care provider who provides legal reproductive health care

download bill text pdf

Sponsored By

Archive: Last Bill Status Via S9080 - Signed by Governor

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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Actions
Votes

Bill Amendments

co-Sponsors

2021-A9718 - Details

Law Section:
Insurance Law
Laws Affected:
Add §3436-a, Ins L

2021-A9718 - Summary

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.

2021-A9718 - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9718
 
                           I N  A S S E M B L Y
 
                              March 28, 2022
                                ___________
 
 Introduced  by  M.  of  A. L. ROSENTHAL -- read once and referred to the
   Committee on Insurance
 
 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:
 
   Section  1.  Section  5504 of the insurance law is amended by adding a
 new subsection (g) to read as follows:
   (G) POLICIES ISSUED BY THE ASSOCIATION SHALL PROHIBIT  AN  INSURER  OF
 THE  ASSOCIATION  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 SOME-
 ONE  WHO  IS  FROM  OUT  OF THE STATE. SUCH POLICY SHALL INCLUDE MEDICAL
 PROFESSIONALS WHO PRESCRIBE ABORTION MEDICATION TO OUT-OF-STATE PATIENTS
 BY MEANS OF TELEHEALTH.
   § 2. This act shall take effect immediately.
 
 
 
 
 

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD15073-01-2

co-Sponsors

2021-A9718A - Details

Law Section:
Insurance Law
Laws Affected:
Add §3436-a, Ins L

2021-A9718A - Summary

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.

2021-A9718A - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  9718--A
 
                           I N  A S S E M B L Y
 
                              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 -- read once  and  referred  to
   the  Committee  on  Insurance  --  committee discharged, bill amended,
   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:
 
   Section 1. The insurance law is amended by adding a new section 3436-a
 to read as follows:
   § 3436-A. ADVERSE ACTION AGAINST LEGAL REPRODUCTIVE HEALTH CARE. POLI-
 CIES ISSUED BY THE ASSOCIATION, AS DEFINED IN ARTICLE FIFTY-FIVE OF THIS
 CHAPTER,  SHALL  PROHIBIT  AN INSURER OF THE ASSOCIATION FROM TAKING ANY
 ADVERSE ACTION AGAINST AN ABORTION OR REPRODUCTIVE HEALTH CARE  PROVIDER
 SOLELY  ON  THE  BASIS  THAT  THE  ABORTION  OR REPRODUCTIVE HEALTH CARE
 PROVIDER 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. SUCH POLICY  SHALL  INCLUDE  MEDICAL  PROFESSIONALS  WHO  LEGALLY
 PRESCRIBE ABORTION MEDICATION TO OUT-OF-STATE PATIENTS BY MEANS OF TELE-
 HEALTH.
   § 2. This act shall take effect immediately.
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD15073-03-2

co-Sponsors

2021-A9718B (ACTIVE) - Details

Law Section:
Insurance Law
Laws Affected:
Add §3436-a, Ins L

2021-A9718B (ACTIVE) - Summary

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.

2021-A9718B (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  9718--B
 
                           I N  A S S E M B L Y
 
                              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:
 
   Section 1. The insurance law is amended by adding a new section 3436-a
 to read as follows:
   §  3436-A.  1.  ADVERSE ACTION AGAINST LEGAL REPRODUCTIVE HEALTH CARE.
 EVERY INSURER WHICH  ISSUES  OR  RENEWS  MEDICAL  MALPRACTICE  INSURANCE
 COVERING A HEALTH CARE PROVIDER LICENSED TO PRACTICE IN THIS STATE SHALL
 BE  PROHIBITED  FROM  TAKING  ANY  ADVERSE  ACTION AGAINST A HEALTH CARE
 PROVIDER SOLELY ON THE BASIS THAT THE HEALTH CARE PROVIDER  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. SUCH POLICY SHALL
 INCLUDE HEALTH CARE PROVIDERS WHO LEGALLY PRESCRIBE ABORTION  MEDICATION
 TO OUT-OF-STATE PATIENTS BY MEANS OF TELEHEALTH.
   2.  AS  USED  IN  THIS SECTION, "ADVERSE ACTION" SHALL MEAN BUT NOT BE
 LIMITED TO: (A) REFUSING TO RENEW OR EXECUTE  A  CONTRACT  OR  AGREEMENT
 WITH  A  HEALTH  CARE  PROVIDER; (B) MAKING A REPORT OR COMMENTING TO AN
 APPROPRIATE PRIVATE OR GOVERNMENTAL ENTITY REGARDING PRACTICES  OF  SUCH
 PROVIDER  WHICH  MAY  VIOLATE  ABORTION  LAWS  IN  OTHER STATES; AND (C)
 INCREASING IN ANY CHARGE FOR, OR A REDUCTION OR OTHER ADVERSE  OR  UNFA-
 VORABLE CHANGE IN THE TERMS OF COVERAGE OR AMOUNT FOR, ANY MEDICAL MALP-
 RACTICE INSURANCE CONTRACT OR AGREEMENT WITH A HEALTH CARE PROVIDER.
   § 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

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