§ 3436-a. Adverse action against legal reproductive health care or\ngender-affirming care. (a) Every insurer that issues or renews medical\nmalpractice insurance covering a health care provider licensed to\npractice in this state shall be prohibited from taking any adverse\naction against a health care provider solely on the basis that the\nhealth care provider engages in legally protected health activity, as\ndefined in paragraph (b) of subdivision one of section 570.17 of the\ncriminal procedure law, or gender-affirming care that is legal in this\nstate with someone who is from out of the state. The superintendent is\nexpressly authorized to interpret "legally protected health activity" as\nif such definition was stated within this section. Such policy shall\ninclude health care providers who prescribe abortion medication to\nout-of-state patients by means of telehealth.\n (b) Every insurer that issues or renews medical malpractice insurance\ncovering a health care provider licensed to practice in this state shall\nbe prohibited from refusing to issue or renew, canceling, or charging or\nimposing an increased premium or rate for, or excluding, limiting,\nrestricting, or reducing coverage under a medical malpractice insurance\npolicy based solely upon the legal use or prescription in this state of\nany drug prescribed for the purpose of an abortion, including both\ngeneric and brand name drugs, that has not been approved by the food and\ndrug administration for abortion, provided, however, that such drug\nshall be a recognized medication for abortion in one of the following\nestablished reference compendia:\n (1) The WHO Model Lists of Essential Medicines;\n (2) The WHO Abortion Care Guidance; or\n (3) The National Academies of Science, Engineering, and Medicine\nConsensus Study Report.\n (c) As used in this section, "adverse action" shall mean but not be\nlimited to: (1) refusing to renew or execute a contract or agreement\nwith a health care provider; (2) making a report or commenting to an\nappropriate private or governmental entity regarding practices of such\nprovider which may violate abortion laws in other states; and (3)\nincreasing in any charge for, or a reduction or other adverse or\nunfavorable change in the terms of coverage or amount for, any medical\nmalpractice insurance contract or agreement with a health care provider.\n (d) As used in this section, "medical malpractice insurance" shall\nhave the meaning set forth in section five thousand five hundred one of\nthis chapter.\n
N.Y. Ins. Law § 3436-a
Adverse action against legal reproductive health care or gender-affirming care
Showing this section's text as in effect on January 1, 2024 (in force January 1, 2024 – January 1, 2025). View current text →
Official source: NYS Open Legislation (New York State Senate). Reproduced from public-domain New York statutes; confirm against the official source for the current text. Not legal advice.