§ 3436-a. Adverse action against legal reproductive health care or
gender-affirming care. (a) Every insurer that 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 engages in legally protected health activity, as
defined in paragraph (b) of subdivision one of section 570.17 of the
criminal procedure law, or gender-affirming care, as defined in
paragraph (c) of subdivision one of section sixty-five hundred
thirty-one-b of the education law, that is legal in this state with
someone who is from out of the state. The superintendent is expressly
authorized to interpret "legally protected health activity" as if such
definition was stated within this section. Such policy shall include
health care providers who prescribe abortion medication to out-of-state
patients by means of telehealth.

(b) Every insurer that issues or renews medical malpractice insurance
covering a health care provider licensed to practice in this state shall
be prohibited from refusing to issue or renew, canceling, or charging or
imposing an increased premium or rate for, or excluding, limiting,
restricting, or reducing coverage under a medical malpractice insurance
policy based solely upon the legal use or prescription in this state of
any drug prescribed for the purpose of an abortion, including both
generic and brand name drugs, that has not been approved by the food and
drug administration for abortion, provided, however, that such drug
shall be a recognized medication for abortion in one of the following
established reference compendia:

(1) The WHO Model Lists of Essential Medicines;

(2) The WHO Abortion Care Guidance; or

(3) The National Academies of Science, Engineering, and Medicine
Consensus Study Report.

(c) As used in this section, "adverse action" shall mean but not be
limited to: (1) refusing to renew or execute a contract or agreement
with a health care provider; (2) 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 (3)
increasing in any charge for, or a reduction or other adverse or
unfavorable change in the terms of coverage or amount for, any medical
malpractice insurance contract or agreement with a health care provider.

(d) As used in this section, "medical malpractice insurance" shall
have the meaning set forth in section five thousand five hundred one of
this chapter.