A09718 Summary:

BILL NOA09718B
 
SAME ASSAME AS S09080-B
 
SPONSORRosenthal L
 
COSPNSRFahy, Galef, Gallagher, Seawright, Cruz, Clark, Simon, Davila, Gonzalez-Rojas, Griffin, Dickens, Epstein, Englebright, Gottfried, Jacobson, Cook, Zebrowski, Otis, Dinowitz, O'Donnell, McMahon, Paulin, Carroll, Glick, Sillitti, Lavine, Fernandez, Abinanti, Mamdani, Weprin, Lupardo
 
MLTSPNSR
 
Add §3436-a, Ins L
 
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.
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A09718 Actions:

BILL NOA09718B
 
03/28/2022referred to insurance
05/24/2022amend and recommit to insurance
05/24/2022print number 9718a
05/29/2022amend and recommit to insurance
05/29/2022print number 9718b
05/30/2022reference changed to ways and means
06/01/2022reported referred to rules
06/02/2022reported
06/02/2022rules report cal.626
06/02/2022substituted by s9080b
 S09080 AMEND=B HINCHEY
 05/09/2022REFERRED TO INSURANCE
 05/12/2022AMEND AND RECOMMIT TO INSURANCE
 05/12/2022PRINT NUMBER 9080A
 05/28/2022AMEND AND RECOMMIT TO INSURANCE
 05/28/2022PRINT NUMBER 9080B
 05/31/2022COMMITTEE DISCHARGED AND COMMITTED TO RULES
 05/31/2022ORDERED TO THIRD READING CAL.1625
 05/31/2022PASSED SENATE
 05/31/2022DELIVERED TO ASSEMBLY
 05/31/2022referred to ways and means
 06/02/2022substituted for a9718b
 06/02/2022ordered to third reading rules cal.626
 06/02/2022passed assembly
 06/02/2022returned to senate
 06/13/2022DELIVERED TO GOVERNOR
 06/13/2022SIGNED CHAP.221
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A09718 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A9718B
 
SPONSOR: Rosenthal L
  TITLE OF BILL: 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   PURPOSE: Prohibits medical malpractice insurance companies from taking any adverse action against a reproductive health care provider who provides legal reproductive health care.   SUMMARY OF SPECIFIC PROVISIONS: Section one amends section 5504 of the insurance law adding a new section 3436-a. Section two establishes the effective date.   JUSTIFICATION: Restrictive abortion bans have been introduced in states throughout the country, making it extremely difficult for women to access safe repro- ductive healthcare without seeking it outside of their home state. According to a 2021 study by Planned Parenthood, the number of patients with a Texas zip code who sought care from Planned Parenthood Centers in other states has been increasing by an average of 6% per month. With the proliferation of telehealth services, prescription medication and other reproductive healthcare can be provided to patients virtually, making it easier for providers to care for patients across state borders. This legislation will prevent insurers from taking action against a healthcare provider in New York State for performing reproductive services that are illegal elsewhere, protecting doctors and ensuring that women can safely access abortion and related reproductive health care services in New York.   FISCAL IMPLICATIONS: None.   EFFECTIVE DATE: This act shall be effective immediately.
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A09718 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         9718--B
 
                   IN ASSEMBLY
 
                                     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:
 
     1    Section 1. The insurance law is amended by adding a new section 3436-a
     2  to read as follows:
     3    §  3436-a.  1.  Adverse action against legal reproductive health care.
     4  Every insurer which  issues  or  renews  medical  malpractice  insurance
     5  covering a health care provider licensed to practice in this state shall
     6  be  prohibited  from  taking  any  adverse  action against a health care
     7  provider solely on the basis that the health care provider  performs  an
     8  abortion or provides reproductive health care that is legal in the state
     9  of  New  York on someone who is from out of the state. Such policy shall
    10  include health care providers who legally prescribe abortion  medication
    11  to out-of-state patients by means of telehealth.
    12    2.  As  used  in  this section, "adverse action" shall mean but not be
    13  limited to: (a) refusing to renew or execute  a  contract  or  agreement
    14  with  a  health  care  provider; (b) making a report or commenting to an
    15  appropriate private or governmental entity regarding practices  of  such
    16  provider  which  may  violate  abortion  laws  in  other states; and (c)
    17  increasing in any charge for, or a reduction or other adverse  or  unfa-
    18  vorable change in the terms of coverage or amount for, any medical malp-
    19  ractice insurance contract or agreement with a health care provider.
    20    § 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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A09718 Chamber Video/Transcript:

6-2-22Video (@ 07:33:04)Transcript pdf Transcript html
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