S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7918
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              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:
 
   Section 1. The civil practice law and rules is amended by adding a new
 section 5108 to read as follows:
   §  5108.  RELIEF  FROM  JUDGMENT  RELATED  TO REPRODUCTIVE HEALTH CARE
 SERVICES. 1. AS USED IN THIS SECTION:
   (A) "REPRODUCTIVE HEALTH CARE SERVICES" INCLUDES ALL  MEDICAL,  SURGI-
 CAL,  COUNSELING OR REFERRAL SERVICES RELATING TO THE HUMAN REPRODUCTIVE
 SYSTEM, INCLUDING, BUT NOT LIMITED TO, SERVICES RELATING  TO  PREGNANCY,
 CONTRACEPTION OR THE TERMINATION OF A PREGNANCY; AND
   (B)  "PERSON" INCLUDES AN INDIVIDUAL, A PARTNERSHIP, AN ASSOCIATION, A
 LIMITED LIABILITY COMPANY OR A CORPORATION.
   2. WHEN ANY PERSON HAS HAD A JUDGMENT ENTERED AGAINST SUCH PERSON,  IN
 ANY STATE, WHERE LIABILITY, IN WHOLE OR IN PART, IS BASED ON THE ALLEGED
 PROVISION,  RECEIPT, ASSISTANCE IN RECEIPT OR PROVISION, SUPPORT FOR, OR
 ANY THEORY OF VICARIOUS, JOINT, SEVERAL OR CONSPIRACY LIABILITY  DERIVED
 THEREFROM,  FOR  REPRODUCTIVE  HEALTH  CARE  SERVICES THAT ARE PERMITTED
 UNDER THE LAWS OF THIS STATE, SUCH PERSON MAY RECOVER DAMAGES  FROM  ANY
 PARTY  THAT BROUGHT THE ACTION LEADING TO THAT JUDGMENT OR HAS SOUGHT TO
 ENFORCE THAT JUDGMENT.  RECOVERABLE DAMAGES SHALL INCLUDE:
   (A) JUST DAMAGES CREATED BY THE ACTION  THAT  LED  TO  THAT  JUDGMENT,
 INCLUDING,  BUT NOT LIMITED TO, MONEY DAMAGES IN THE AMOUNT OF THE JUDG-
 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
 
 FEES SPENT IN DEFENDING THE ACTION THAT RESULTED IN THE ENTRY OF A JUDG-
 MENT IN ANOTHER STATE; AND
   (B)  COSTS, EXPENSES AND REASONABLE ATTORNEYS' FEES INCURRED IN BRING-
 ING AN ACTION UNDER THIS SECTION AS MAY BE ALLOWED BY THE COURT.
   3. THE PROVISIONS OF THIS  SECTION  SHALL  NOT  APPLY  TO  A  JUDGMENT
 ENTERED IN ANOTHER STATE THAT IS BASED ON:
   (A)  AN  ACTION  FOUNDED IN TORT, CONTRACT OR STATUTE, AND FOR WHICH A
 SIMILAR CLAIM WOULD EXIST UNDER THE LAWS OF THIS STATE, BROUGHT  BY  THE
 PATIENT  WHO  RECEIVED  THE REPRODUCTIVE HEALTH CARE SERVICES UPON WHICH
 THE ORIGINAL LAWSUIT WAS BASED OR THE PATIENT'S AUTHORIZED LEGAL  REPRE-
 SENTATIVE,  FOR  DAMAGES SUFFERED BY THE PATIENT OR DAMAGES DERIVED FROM
 AN INDIVIDUAL'S LOSS OF CONSORTIUM OF THE PATIENT;
   (B) AN ACTION FOUNDED IN CONTRACT, AND FOR WHICH A SIMILAR CLAIM WOULD
 EXIST UNDER THE LAWS OF THIS STATE, BROUGHT OR SOUGHT TO BE ENFORCED  BY
 A  PARTY  WITH  A  CONTRACTUAL  RELATIONSHIP WITH THE PERSON THAT IS THE
 SUBJECT OF THE JUDGMENT ENTERED IN ANOTHER STATE; OR
   (C) AN ACTION WHERE NO PART OF THE ACTS  THAT  FORMED  THE  BASIS  FOR
 LIABILITY OCCURRED IN THIS STATE.
   §  2.  The  civil  practice  law  and rules is amended by adding a new
 section 3119-a to read as follows:
   § 3119-A. DISCLOSURE OF INFORMATION  RELATED  TO  REPRODUCTIVE  HEALTH
 CARE  SERVICES. 1. EXCEPT AS OTHERWISE PROVIDED BY LAW OR BY SUBDIVISION
 THREE OF THIS SECTION, IN ANY CIVIL ACTION OR ANY PROCEEDING PRELIMINARY
 THERETO OR IN ANY PROBATE, LEGISLATIVE OR ADMINISTRATIVE PROCEEDING,  NO
 COVERED ENTITY, AS DEFINED IN 45 CFR 160.103, SHALL DISCLOSE:
   (A)  ANY COMMUNICATION MADE TO SUCH COVERED ENTITY, OR ANY INFORMATION
 OBTAINED BY SUCH COVERED ENTITY FROM,  A  PATIENT  OR  THE  CONSERVATOR,
 GUARDIAN  OR OTHER AUTHORIZED LEGAL REPRESENTATIVE OF A PATIENT RELATING
 TO REPRODUCTIVE HEALTH CARE SERVICES AS  DEFINED  IN  SECTION  FIFTY-ONE
 HUNDRED EIGHT OF THIS CHAPTER, THAT ARE PERMITTED UNDER THE LAWS OF THIS
 STATE; OR
   (B)  ANY  INFORMATION  OBTAINED  BY  PERSONAL EXAMINATION OF A PATIENT
 RELATING TO REPRODUCTIVE HEALTH CARE SERVICES,  AS  DEFINED  IN  SECTION
 FIFTY-ONE  HUNDRED  EIGHT  OF THIS CHAPTER, THAT ARE PERMITTED UNDER THE
 LAWS OF THIS STATE, UNLESS THE PATIENT  OR  THE  PATIENT'S  CONSERVATOR,
 GUARDIAN OR OTHER AUTHORIZED LEGAL REPRESENTATIVE EXPLICITLY CONSENTS IN
 WRITING TO SUCH DISCLOSURE.
   2.  A  COVERED  ENTITY, AS DEFINED IN 45 CFR 160.103, SHALL INFORM THE
 PATIENT OR THE PATIENT'S CONSERVATOR, GUARDIAN OR OTHER AUTHORIZED LEGAL
 REPRESENTATIVE OF THE PATIENT'S RIGHT TO WITHHOLD SUCH WRITTEN CONSENT.
   3. WRITTEN CONSENT OF THE PATIENT OR THE PATIENT'S CONSERVATOR, GUARD-
 IAN OR OTHER AUTHORIZED LEGAL REPRESENTATIVE SHALL NOT BE  REQUIRED  FOR
 THE DISCLOSURE OF SUCH COMMUNICATION OR INFORMATION:
   (A) PURSUANT TO THE LAWS OF THIS STATE OR THE RULES OF THE COURT;
   (B)  BY  A COVERED ENTITY AGAINST WHOM A CLAIM HAS BEEN MADE, OR THERE
 IS A REASONABLE BELIEF WILL BE MADE, IN SUCH ACTION  OR  PROCEEDING,  TO
 THE  COVERED ENTITY'S ATTORNEY OR PROFESSIONAL LIABILITY INSURER OR SUCH
 INSURER'S AGENT FOR USE IN THE DEFENSE OF SUCH ACTION OR PROCEEDING;
   (C) TO THE COMMISSIONER OF HEALTH  FOR  RECORDS  OF  A  PATIENT  OF  A
 COVERED  ENTITY  IN  CONNECTION WITH AN INVESTIGATION OF A COMPLAINT, IF
 SUCH RECORDS ARE RELATED TO THE COMPLAINT; OR
   (D) IF CHILD ABUSE, ABUSE OF AN ELDERLY INDIVIDUAL, ABUSE OF AN  INDI-
 VIDUAL WHO IS PHYSICALLY DISABLED OR INCOMPETENT OR ABUSE OF AN INDIVID-
 UAL WITH INTELLECTUAL DISABILITY IS KNOWN OR IN GOOD FAITH SUSPECTED.
   4.  NOTHING  IN  THIS  SECTION SHALL BE CONSTRUED TO IMPEDE THE LAWFUL
 SHARING OF MEDICAL RECORDS AS PERMITTED BY STATE OR FEDERAL LAW  OR  THE
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 RULES  OF  THE  COURT,  EXCEPT  IN THE CASE OF A SUBPOENA COMMANDING THE
 PRODUCTION, COPYING OR INSPECTION OF MEDICAL RECORDS RELATING TO  REPRO-
 DUCTIVE  HEALTH  CARE  SERVICES, AS DEFINED IN SECTION FIFTY-ONE HUNDRED
 EIGHT OF THIS CHAPTER.
   §  3.  Section  3119 of the civil practice law and rules is amended by
 adding a new subdivision (i) to read as follows:
   (I) SUBPOENAS RELATED TO REPRODUCTIVE HEALTH CARE SERVICES.   NOTWITH-
 STANDING  ANY  OTHER  PROVISION  OF  LAW, NO COURT OR COUNTY CLERK SHALL
 ISSUE A SUBPOENA REQUESTED BY A COMMISSIONER, APPOINTED ACCORDING TO THE
 LAWS OR USAGES OF ANY OTHER STATE OR GOVERNMENT, OR BY ANY COURT OF  THE
 UNITED  STATES  OR  OF ANY OTHER STATE OR GOVERNMENT, WHEN SUCH SUBPOENA
 RELATES TO REPRODUCTIVE HEALTH CARE  SERVICES,  AS  DEFINED  IN  SECTION
 FIFTY-ONE  HUNDRED  EIGHT  OF THIS CHAPTER, THAT ARE PERMITTED UNDER THE
 LAWS OF THIS STATE, UNLESS THE SUBPOENA RELATES TO:
   (1) AN OUT-OF-STATE ACTION FOUNDED IN TORT, CONTRACT OR  STATUTE,  FOR
 WHICH  A SIMILAR CLAIM WOULD EXIST UNDER THE LAWS OF THIS STATE, BROUGHT
 BY A PATIENT OR  THE  PATIENT'S  AUTHORIZED  LEGAL  REPRESENTATIVE,  FOR
 DAMAGES  SUFFERED BY THE PATIENT OR DAMAGES DERIVED FROM AN INDIVIDUAL'S
 LOSS OF CONSORTIUM OF THE PATIENT; OR
   (2) AN OUT-OF-STATE ACTION FOUNDED IN CONTRACT, AND FOR WHICH A  SIMI-
 LAR CLAIM WOULD EXIST UNDER THE LAWS OF THIS STATE, BROUGHT OR SOUGHT TO
 BE  ENFORCED  BY A PARTY WITH A CONTRACTUAL RELATIONSHIP WITH THE PERSON
 THAT IS  THE  SUBJECT  OF  THE  SUBPOENA  REQUESTED  BY  A  COMMISSIONER
 APPOINTED ACCORDING TO THE LAWS OR USAGES OF ANOTHER STATE.
   §  4.  The  criminal  procedure law is amended by adding a new section
 570.15 to read as follows:
 § 570.15 EXTRADITION OF REPRODUCTIVE HEALTH CARE  PROVIDERS  OR  RECIPI-
            ENTS.
   NO JUDGE SHALL ISSUE A SUMMONS IN A CASE WHERE PROSECUTION IS PENDING,
 OR  WHERE  A  GRAND  JURY  INVESTIGATION  HAS  COMMENCED  OR IS ABOUT TO
 COMMENCE FOR A CRIMINAL VIOLATION OF A LAW OF SUCH OTHER STATE INVOLVING
 THE PROVISION OR RECEIPT OF OR ASSISTANCE WITH REPRODUCTIVE HEALTH  CARE
 SERVICES,  AS  DEFINED  IN  SECTION FIFTY-ONE HUNDRED EIGHT OF THE CIVIL
 PRACTICE LAW AND RULES, THAT ARE LEGAL IN THIS STATE,  UNLESS  THE  ACTS
 FORMING THE BASIS OF THE PROSECUTION OR INVESTIGATION WOULD ALSO CONSTI-
 TUTE AN OFFENSE IN THIS STATE.
   §  5.  Section 570.06 of the criminal procedure law is amended to read
 as follows:
 § 570.06 Fugitives from justice; duty of governor.
   Subject to the provisions of  this  article,  the  provisions  of  the
 constitution  of  the United States controlling, and any and all acts of
 congress enacted in pursuance thereof, it is the duty of the governor of
 this state to have arrested and delivered up to the executive  authority
 of any other state of the United States any person charged in that state
 with  treason,  felony, or other crime, who has fled from justice and is
 found in this state; PROVIDED THE ACTS FOR WHICH EXTRADITION  IS  SOUGHT
 WOULD  BE  PUNISHABLE  BY  THE  LAWS  OF THIS STATE, IF THE CONSEQUENCES
 CLAIMED TO HAVE RESULTED FROM THOSE ACTS  IN  THE  DEMANDING  STATE  HAD
 TAKEN EFFECT IN THIS STATE.
   §  6.  The  executive  law is amended by adding a new section 170-g to
 read as follows:
   § 170-G.  INVESTIGATION  OF  INFORMATION  PERTAINING  TO  REPRODUCTIVE
 HEALTH  CARE  SERVICES.  1.  NO  PUBLIC  AGENCY,  DIVISION OR OFFICE, OR
 EMPLOYEE, APPOINTEE, OFFICER OR OFFICIAL THEREOF  OR  ANY  OTHER  PERSON
 ACTING ON BEHALF OF A PUBLIC AGENCY, DIVISION OR OFFICE, MAY PROVIDE ANY
 INFORMATION  OR  EXPEND OR USE TIME, MONEY, FACILITIES, PROPERTY, EQUIP-
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 MENT, PERSONNEL OR OTHER RESOURCES  IN  FURTHERANCE  OF  ANY  INTERSTATE
 INVESTIGATION  OR PROCEEDING SEEKING TO IMPOSE CIVIL OR CRIMINAL LIABIL-
 ITY UPON A PERSON OR ENTITY FOR:
   (A)  THE PROVISION, SEEKING OR RECEIPT OF OR INQUIRING ABOUT REPRODUC-
 TIVE HEALTH CARE SERVICES, AS DEFINED IN SECTION FIFTY-ONE HUNDRED EIGHT
 OF THE CIVIL PRACTICE LAW AND RULES, THAT ARE LEGAL IN THIS STATE; OR
   (B) ASSISTING ANY PERSON OR ENTITY PROVIDING,  SEEKING,  RECEIVING  OR
 RESPONDING  TO  AN  INQUIRY  ABOUT REPRODUCTIVE HEALTH CARE SERVICES, AS
 DEFINED IN SECTION FIFTY-ONE HUNDRED EIGHT OF THE CIVIL PRACTICE LAW AND
 RULES, THAT ARE LEGAL IN THIS STATE.
   2. THIS SECTION SHALL NOT APPLY TO  ANY  INVESTIGATION  OR  PROCEEDING
 WHERE THE CONDUCT SUBJECT TO POTENTIAL LIABILITY UNDER THE INVESTIGATION
 OR PROCEEDING WOULD BE SUBJECT TO LIABILITY UNDER THE LAWS OF THIS STATE
 IF COMMITTED IN THIS STATE.
   §  7.  This  act  shall take effect on the sixtieth day after it shall
 have become a law. Effective immediately, the addition, amendment and/or
 repeal of any rule or regulation necessary  for  the  implementation  of
 this  act  on its effective date are authorized to be made and completed
 on or before such effective date.