N.Y. ISC Law § 3436-A — New York Code / Act ISC / Article 34 / Section 3436-A
Adverse action against legal reproductive health care or gender-affirming care
Status: in_force

§ 3436-a. Adverse action against legal reproductive health care or\ngender-affirming care.  (a) Every insurer that issues or renews medical\nmalpractice insurance or professional liability insurance covering a\nhealth care provider licensed to practice in this state shall be\nprohibited from taking any adverse action against a health care provider\nsolely on the basis that the health care provider engages in legally\nprotected health activity, as defined by section 570.17 of the criminal\nprocedure law. The superintendent is expressly authorized to interpret\n"legally protected health activity" as if such definition was stated\nwithin this section.  Such policy shall include health care providers\nwho prescribe abortion medication to out-of-state patients by means of\ntelehealth.\n  (b) Every insurer that issues or renews medical malpractice or\nprofessional liability insurance covering a health care provider\nlicensed to practice in this state shall be prohibited from refusing to\nissue or renew, canceling, or charging or imposing an increased premium\nor rate for, or excluding, limiting, restricting, or reducing coverage\nunder a medical malpractice or professional liability insurance policy\nbased solely upon the legal use or prescription in this state of any\ndrug prescribed for the purpose of an abortion, including both generic\nand brand name drugs, that has not been approved by the food and drug\nadministration for abortion, provided, however, that such drug shall be\na recognized medication for abortion in one of the following established\nreference 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 or professional liability insurance contract or agreement\nwith 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  (e) As used in this section, "professional liability insurance" shall\nmean insurance against legal liability of the insured, and against loss,\ndamage, or expense incident to a claim of such liability arising out of\nthe death or injury of any person due to medical, psychiatric, mental\nhealth, or other malpractice by any licensed physician assistant,\nphysical therapist, physical therapist assistant, pharmacist, registered\npharmacy technician, nurse, psychologist, psychiatrist, social worker,\noccupational therapist, speech-language pathologist, or mental health\npractitioner.\n  (f) As used in this section, "health care provider" shall mean a\nperson who is licensed, certified, or authorized under title eight of\nthe education law and acting within their lawful scope of practice and\nincludes, but is not limited to persons subject to articles one hundred\nthirty-one, one hundred thirty-one-B, one hundred thirty-six, one\nhundred thirty-seven, one hundred thirty-seven-A, one hundred\nthirty-nine, one hundred forty, one hundred fifty-three, one hundred\nfifty-four, one hundred fifty-six, one hundred fifty-nine, or one\nhundred sixty-three of the education law or any other person designated\nas a health care provider by law, rule, or regulation.\n