2023 New York Laws › EXC - Executive › Article 35 - Division of Criminal Justice Services › 837-X - Cooperation With Certain Out-of-State Investigations.

* §  837-x.  Cooperation  with certain out-of-state investigations. 1.
For purposes of  this  section,  the  following  terms  shall  have  the
following meanings:
(a)  "Reproductive  health  services"  shall  have the same meaning as
paragraph (a) of subdivision one  of  section  570.17  of  the  criminal
procedure law; and
(b) "Legally protected health activity" shall have the same meaning as
paragraph  (b)  of  subdivision  one  of  section 570.17 of the criminal
procedure law.
2. (a) No state or local government employee or entity or other person
acting on behalf of state or local government shall  cooperate  with  or
provide  information  to  any  out-of-state  individual  or out-of-state
agency or department regarding any legally protected health activity  in
this  state,  or  otherwise  expend  or  use  time,  moneys, facilities,
property, equipment, personnel or other resources in furtherance of  any
investigation  or  proceeding  that  seeks  to  impose civil or criminal
liability or professional sanctions upon a  person  or  entity  for  any
legally  protected  health activity occurring in this state; except that
the  commissioner  of  health  may  share  deidentified  information  as
strictly  necessary  to  respond  to  a  public  health  emergency or an
imminent threat to public health, or to consult and cooperate  with  the
appropriate  agencies  of  the  federal government or of other states in
accordance with the functions, powers, and duties of the  department  as
outlined under section two hundred one of the public health law, and may
share  identified  information  in such circumstances only when strictly
necessary and with the consent of the  patient.  For  purposes  of  this
section, "deidentified" means that the information cannot identify or be
made to identify or be associated with a particular individual, directly
or  indirectly,  and is subject to technical safeguards and policies and
procedures  that  prevent  reidentification,  whether  intentionally  or
unintentionally, of any individual.
(b)  Nothing  in  this section shall prohibit the investigation of any
reproductive health services rendered in violation of the laws  of  this
state,  provided  that  no information relating to any medical procedure
performed on a specific individual may be shared  with  an  out-of-state
agency  or  any other individual. Nothing in this section shall prohibit
compliance with a valid, court-issued subpoena or warrant which does not
relate to a law  seeking  to  impose  civil  or  criminal  liability  or
professional  sanctions  for  a legally protected health activity, or in
response to the written request of a person who is the subject  of  such
an  investigation  or proceeding, to the extent necessary, in each case,
to fulfill such request.
(c) Nothing in this section shall prohibit disclosure of  deidentified
information  in  compliance with federal grant reporting requirements or
other reporting requirements under federal law.
(d) This section shall not be construed to allow for the provision  of
any  information  to any individual or out-of-state agency or department
which would not otherwise be available under state law.
* NB There are 2 § 837-x's