Shown verbatim: the complete text as captured from the official source posted by the New York State Senate, fetched 2026-08-11. Nothing is edited or removed. Where this bill amends existing law, language marked for deletion in the official source appears here in brackets. The official bill page.
S T A T E O F N E W Y O R K
________________________________________________________________________
8807
I N S E N A T E
January 8, 2026
___________
Introduced by Sen. KRUEGER -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules
AN ACT to amend the insurance law and the general business law, in
relation to procedures for protections of legally protected health
activities
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subsections (b) and (c) of section 3436-a of the insurance
law, subsection (b) as added and subsection (c) as amended by section 4
of part LL of chapter 57 of the laws of 2023, are amended to read as
follows:
(b) Every insurer that issues or renews medical malpractice OR PROFES-
SIONAL LIABILITY 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 OR PROFESSIONAL LIABILITY 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 admin-
istration 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 unfa-
vorable change in the terms of coverage or amount for, any medical malp-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00432-11-6
S. 8807 2
ractice OR PROFESSIONAL LIABILITY insurance contract or agreement with a
health care provider.
§ 2. The section heading and subdivisions 1 and 4 of section 394-f of
the general business law, as added by section 1 of part U of chapter 57
of the laws of 2023, are amended to read as follows:
Warrants for [reproductive health related] electronic data RELATED TO
LEGALLY PROTECTED HEALTH ACTIVITIES. 1. For the purposes of this
section, the following terms shall have the following meanings:
a. "Electronic communication" means any transfer of signs, signals,
writing, images, sounds, data, or intelligence of any nature transmitted
in whole or in part by a wire, radio, electromagnetic, photoelectronic
or photo-optical system; provided, however, such term shall not include:
i. any telephonic or telegraphic communication.
ii. any communication made through a tone only paging device.
iii. any communication made through a tracking device consisting of an
electronic or mechanical device which permits the tracking of the move-
ment of a person or object.
iv. any communication that is disseminated by the sender through a
method of transmission that is configured so that such communication is
readily accessible to the public.
b. "Electronic communication services" means any service which
provides to users thereof the ability to send or receive wire or elec-
tronic communications.
c. "GENDER-AFFIRMING CARE" SHALL HAVE THE SAME MEANING AS DEFINED BY
SECTION 570.17 OF THE CRIMINAL PROCEDURE LAW.
D. "LEGALLY PROTECTED HEALTH ACTIVITY" SHALL HAVE THE SAME MEANING AS
DEFINED BY SECTION 570.17 OF THE CRIMINAL PROCEDURE LAW.
E. "Prohibited violation" means any INVESTIGATION OR PROCEEDING THAT
SEEKS TO IMPOSE civil or criminal [offense defined under the laws of
another state that creates civil or criminal liability or any theory of
vicarious, joint, several or conspiracy liability for, in whole or in
part based on or arising out of, either of the following] LIABILITY,
PROFESSIONAL SANCTIONS, OR ANY OTHER LEGAL CONSEQUENCES UPON A PERSON
FOR ANY LEGALLY PROTECTED HEALTH ACTIVITY, 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; [or] AND
iii. was brought by the [patient] PERSON who received reproductive
health care OR GENDER-AFFIRMING CARE, or the [patient's] PERSON'S legal
representative[:
(1) providing, facilitating, or obtaining reproductive health care
services that are lawful under New York law; or
(2) intending or attempting to provide, facilitate, or obtain repro-
ductive health care services that are lawful under New York law],
PROVIDED THE PERSON HAS GIVEN EXPRESS CONSENT UNLESS EXPRESS CONSENT IS
NOT FEASIBLE DUE TO THEIR INJURY OR DEATH.
[d.] F. "Reproductive health [care services" means any services
related to the performance or aiding within the performance of an
abortion performed within this state that is performed in accordance
with the applicable law of this state, ending, seeking to end, or aiding
another in ending their pregnancy within this state, or procuring or
aiding in the procurement of an abortion within this state] CARE" SHALL
HAVE THE SAME MEANING AS DEFINED BY SECTION 570.17 OF THE CRIMINAL
PROCEDURE LAW.
4. The attorney general may commence a civil action OR SPECIAL
PROCEEDING to [compel any corporation headquartered or incorporated in
New York that provides electronic communications services or remote
S. 8807 3
computing services to the general public to comply with] ENFORCE the
provisions of this section.
§ 3. Subdivisions 2, 4 and 9 of section 394-i of the general business
law, as added by a chapter of the laws of 2025 amending the civil prac-
tice law and rules and other laws relating to protecting individuals who
provide or receive legally protected health activity from criminal or
civil liability or professional sanctions imposed by jurisdictions
outside the state, as proposed in legislative bills numbers S. 4914-B
and A. 5480-C, are amended to read as follows:
2. No person or entity that is located, headquartered, or incorporated
in New York state and receives, is served with, or is subject to a
civil, criminal, or regulatory inquiry, investigation, subpoena, or
summons for information regarding legally protected health activity
shall comply with or provide information in response to such inquiry,
investigation, subpoena, or summons unless:
(a) such inquiry, investigation, subpoena, or summons contains or is
accompanied by an affirmation under penalty of perjury attesting that
either:
(i) it is not related to, and that any information obtained shall not
be used in, any investigation or proceeding that seeks to impose civil
or criminal liability, professional sanctions, or any other legal conse-
quences upon a person or entity for any legally protected health activ-
ity; or
(ii) it is related to such an investigation or proceeding, but falls
within an exception provided in paragraph one of subdivision (g) of
section three thousand one hundred nineteen of the civil practice law
and rules, and identifies which exception applies to the information
request;
(b) the person or entity receiving or subject to such inquiry, inves-
tigation, subpoena, or summons regarding legally protected health activ-
ity has:
(i) (1) notified the attorney general within [seventy-two hours] (A)
FIVE BUSINESS DAYS of receiving such inquiry, investigation, subpoena,
or summons; [indicated in such notice whether such person or entity
intends to comply with such inquiry, investigation, subpoena, or
summons] OR (B) FIVE BUSINESS DAYS PRIOR TO ANY COMPLIANCE WITH SUCH
INQUIRY, INVESTIGATION, SUBPOENA, OR SUMMONS, WHICHEVER COMES FIRST; AND
(2) provided a copy of such inquiry, investigation, subpoena, or
summons and any related materials to the attorney general, UNLESS THE
PERSON OR ENTITY SEEKING SUCH INFORMATION REGARDING LEGALLY PROTECTED
HEALTH ACTIVITY OBTAINS AN ORDER PROVIDING OTHERWISE THAT IS ENFORCEABLE
IN NEW YORK ISSUED BY A COURT OF COMPETENT JURISDICTION; and
(ii) made reasonable attempts to notify the individual or individuals
who provided, sought, received, facilitated, or otherwise engaged in
such legally protected health activity to which such inquiry, investi-
gation, subpoena, or summons pertains at least thirty days prior to
providing any responsive information, unless [otherwise ordered by] THE
PERSON OR ENTITY SEEKING SUCH INFORMATION REGARDING LEGALLY PROTECTED
HEALTH ACTIVITY OBTAINS AN ORDER PROVIDING OTHERWISE THAT IS ENFORCEABLE
IN NEW YORK ISSUED BY a court of competent jurisdiction; and
(c) a minimum of thirty days has passed since such person or entity
notified the attorney general of such inquiry, investigation, subpoena,
or summons pursuant to paragraph (b) of this subdivision; UNLESS THE
PERSON OR ENTITY SEEKING SUCH INFORMATION REGARDING LEGALLY PROTECTED
HEALTH ACTIVITY OBTAINS AN ORDER PROVIDING OTHERWISE THAT IS ENFORCEABLE
IN NEW YORK ISSUED BY A COURT OF COMPETENT JURISDICTION.
S. 8807 4
4. The attorney general of this state may commence [an] A CIVIL action
or special proceeding to enforce the provisions of this section, includ-
ing but not limited to an application or motion for an order enjoining
ongoing or future violations of this section. [The attorney general
shall not commence such an action unless the attorney general has reason
to believe the defendant or respondent intends to comply or has complied
with an inquiry, investigation, subpoena, or summons regarding legally
protected health activity.]
(a) Any action or special proceeding brought by the attorney general
pursuant to this section shall be commenced within six years of the date
on which the attorney general received notice of the inquiry, investi-
gation, subpoena, or summons at issue.
(b) Notwithstanding any contrary provision of law, the attorney gener-
al may seek all available legal and equitable remedies.
(c) The courts of this state shall assess a statutory penalty of
[fifteen] TEN thousand dollars per violation against any person or enti-
ty found to have intentionally, knowingly, willingly, or recklessly
complied with an inquiry, investigation, subpoena, or summons regarding
legally protected health activity in violation of this section. This
shall be in addition to any other legal or equitable remedy lawfully
available.
9. Nothing in this section shall prohibit disclosure of deidentified
information in compliance with federal grant reporting requirements or
other reporting requirements under federal law, or identified informa-
tion when strictly necessary to comply with a federal audit of specific
services for which payment has been made by the federal government.
Nothing in this section shall prohibit compliance with [a valid federal
court order] AN ORDER ENFORCEABLE IN NEW YORK ENTERED BY A COURT OF
COMPETENT JURISDICTION.
§ 4. This act shall take effect on the same date and in the same
manner as a chapter of the laws of 2025 amending the civil practice law
and rules and other laws relating to protecting individuals who provide
or receive legally protected health activity from criminal or civil
liability or professional sanctions imposed by jurisdictions outside the
state, as proposed in legislative bills numbers S. 4914-B and A. 5480-C,
takes effect.Every fact on this page links to its source, starting with the official bill record.