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.
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.
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