S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8093
 
                             I N  S E N A T E
 
                              January 5, 2024
                                ___________
 
 Introduced  by  Sen.  MAYER  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the executive law and the civil practice law and  rules,
   in relation to sharing of certain information
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Subdivision 2 of section 837-x of  the  executive  law,  as
 amended  and such section as renumbered by a chapter of the laws of 2023
 amending the criminal procedure law, the executive law, the civil  prac-
 tice  law and rules, the insurance law and the education law relating to
 legally protected health activity providers, as proposed in  legislative
 bills numbers S.1066-B and A.1709-B, is amended to read as follows:
   2. (A) No state or local government employee or entity or other person
 acting  on  behalf  of state or local government shall cooperate with or
 provide information to any OUT-OF-STATE individual or out-of-state agen-
 cy or department regarding any legally protected health activity in this
 state, or otherwise expend or use time,  moneys,  facilities,  property,
 equipment,  personnel  or other resources in furtherance of any investi-
 gation or proceeding that seeks to impose civil or criminal liability or
 professional sanctions upon a person or entity for any legally protected
 health activity occurring in this state; EXCEPT THAT THE COMMISSIONER OF
 HEALTH MAY SHARE  DEIDENTIFIED  INFORMATION  AS  STRICTLY  NECESSARY  TO
 RESPOND  TO  A  PUBLIC  HEALTH EMERGENCY OR AN IMMINENT THREAT TO PUBLIC
 HEALTH, OR TO CONSULT AND COOPERATE WITH THE APPROPRIATE AGENCIES OF THE
 FEDERAL GOVERNMENT OR OF OTHER STATES IN ACCORDANCE WITH THE  FUNCTIONS,
 POWERS,  AND  DUTIES  OF  THE  DEPARTMENT  AS OUTLINED UNDER SECTION TWO
 HUNDRED ONE OF THE PUBLIC HEALTH LAW, AND MAY SHARE IDENTIFIED  INFORMA-
 TION  IN  SUCH  CIRCUMSTANCES  ONLY WHEN STRICTLY NECESSARY AND WITH THE
 CONSENT OF THE PATIENT. FOR PURPOSES  OF  THIS  SECTION,  "DEIDENTIFIED"
 MEANS  THAT THE INFORMATION CANNOT IDENTIFY OR BE MADE TO IDENTIFY OR BE
 ASSOCIATED WITH A PARTICULAR INDIVIDUAL, DIRECTLY OR INDIRECTLY, AND  IS
 SUBJECT TO TECHNICAL SAFEGUARDS AND POLICIES AND PROCEDURES THAT PREVENT
 REIDENTIFICATION, WHETHER INTENTIONALLY OR UNINTENTIONALLY, OF ANY INDI-
 VIDUAL.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD04071-10-4
 S. 8093                             2
 
   (B) Nothing in this section shall prohibit the investigation of any
   reproductive health services rendered in violation of the laws of this
 state,  provided  that  no information relating to any medical procedure
 performed on a specific individual may be shared  with  an  out-of-state
 agency  or  any other individual. Nothing in this section shall prohibit
 compliance with a valid, court-issued subpoena or warrant which does not
 relate to a law seeking to impose civil or criminal liability or profes-
 sional sanctions for a legally protected health activity, or in response
 to the written request of a person who is the subject of such an  inves-
 tigation  or  proceeding,  to  the  extent  necessary,  in each case, to
 fulfill such request.
   (C) NOTHING IN THIS SECTION SHALL  PROHIBIT DISCLOSURE OF DEIDENTIFIED
 INFORMATION IN COMPLIANCE WITH FEDERAL GRANT REPORTING  REQUIREMENTS  OR
 OTHER REPORTING REQUIREMENTS UNDER FEDERAL LAW.
   (D)  THIS SECTION SHALL NOT BE CONSTRUED TO ALLOW FOR THE PROVISION OF
 ANY INFORMATION TO ANY INDIVIDUAL OR OUT-OF-STATE AGENCY  OR  DEPARTMENT
 WHICH WOULD NOT OTHERWISE BE AVAILABLE UNDER STATE LAW.
   § 2. Paragraph 1 of subdivision (g) of section 3119 of the civil prac-
 tice law and rules, as amended by a chapter of the laws of 2023 amending
 the  criminal  procedure  law, the executive law, the civil practice law
 and rules, the insurance law and the education law relating  to  legally
 protected  health  activity  providers, as proposed in legislative bills
 numbers S.1066-B and A.1709-B, is amended to read as follows:
   (1) Out-of-state proceedings regarding legally protected health activ-
 ities. Notwithstanding any other provisions of this section or any other
 law, no court or county clerk shall  issue  a    subpoena    under  this
 section  in  connection  with an out-of-state proceeding relating to any
 legally protected health activity which occurred in this  state,  unless
 such  out-of-state  proceeding  (i)  sounds in tort or contract, (ii) is
 actionable, in an equivalent or similar manner, under the laws  of  this
 state,  and  (iii)  was brought by the patient who received reproductive
 health services as defined  in  paragraph  (a)  of  subdivision  one  of
 section  570.17  of  the  criminal procedure law, or the patient's legal
 representative, so long as the  patient  gives  express  consent  UNLESS
 EXPRESS CONSENT IS NOT FEASIBLE DUE TO PATIENT INJURY OR DEATH.
   §  3.  This  act  shall  take  effect on the same date and in the same
 manner as a chapter of the laws of 2023 amending the criminal  procedure
 law,  the executive law, the civil practice law and rules, the insurance
 law and the education law relating to legally protected health  activity
 providers,  as  proposed  in  legislative  bills  numbers  S.1066-B  and
 A.1709-B, takes effect.