N.Y. Executive Law § 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 care" shall have the same meaning as defined

by section 570.17 of the criminal procedure law;

(b) "Legally protected health activity" shall have the same meaning as

defined by section 570.17 of the criminal procedure law; and

(c) "Gender-affirming care" shall have the same meaning as defined by

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, 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,

professional sanctions, or any other legal consequences upon a person or

entity for any legally protected health activity; 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 person. 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 care or gender-affirming care rendered in violation

of the laws of this state, provided that no information relating to any

medical procedure performed on a specific individual shall 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 any effort to impose civil or criminal

liability, professional sanctions, or any other legal consequences for a

legally protected health activity, or in response to the written request

of a person who is the subject of such an investigation, proceeding, or

other effort, 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.