N.Y. General Business Law § 394-i: Legally protected health activities

§ 394-i. Legally protected health activities. 1. For the purposes of

this section, the term "legally protected health activity" shall have

the same meaning as defined by section 570.17 of the criminal procedure

law.

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

consequences upon a person or entity for any legally protected health

activity; 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,

investigation, subpoena, or summons regarding legally protected health

activity has:

(i) (1) notified the attorney general within (A) five business days of

receiving 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,

investigation, subpoena, or summons pertains at least thirty days prior

to providing any responsive information, 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

(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.

3. A person or entity who submits a false affirmation in violation of

subdivision two of this section shall be subject to the jurisdiction of

the courts of this state for any suit, penalties, or damages arising out

of such false affirmation.

(a) The attorney general may commence an action or special proceeding

for damages and/or penalties against any person or entity that submits a

false affirmation in violation of subdivision two of this section.

(i) The courts of this state shall assess a statutory penalty of

fifteen thousand dollars per violation against any person or entity

found to have intentionally, knowingly, willingly, or recklessly

submitted a false affirmation. This shall be in addition to any other

legal or equitable remedy lawfully available.

(ii) 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,

investigation, subpoena, or summons that such false affirmation

accompanied.

4. The attorney general of this state may commence a civil action or

special proceeding to enforce the provisions of this section, including

but not limited to an application or motion for an order enjoining

ongoing or future violations of this section.

(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,

investigation, subpoena, or summons at issue.

(b) Notwithstanding any contrary provision of law, the attorney

general may seek all available legal and equitable remedies.

(c) The courts of this state shall assess a statutory penalty of ten

thousand dollars per violation against any person or entity 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.

5. Any 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 may institute a civil action to obtain declaratory relief, or

such other relief deemed necessary and proper by the court, stating that

this section prohibits their compliance with the inquiry, investigation,

subpoena, or summons.

(a) At or before the commencement of any action under this section,

notice thereof and a copy of the commencing document and all supporting

documents shall be served upon the attorney general.

(b) The attorney general is authorized to intervene in any such action

brought pursuant to this section.

(c) If the person or entity initiating an action brought under this

section prevails in such action, the court shall award reasonable costs

and attorney's fees.

(d) Any action brought pursuant to this section shall be commenced

within one year of the date on which the inquiry, investigation,

subpoena, or summons at issue was received or served, whichever is

later.

6. Any person or entity that issues or causes to be issued a civil,

criminal, or regulatory inquiry, investigation, subpoena, or summons to

a person or entity located, headquartered, or incorporated in New York

state shall be subject to the jurisdiction of the courts of this state

for any action, suit, penalties, or damages arising out of this section.

7. Where compliance with this section delays or prohibits a person's

or entity's response to a subpoena, such person or entity shall not be

held in contempt or otherwise subject to legal consequences under

section two thousand three hundred eight of the civil practice law and

rules or any other law of this state for their delay in responding or

failure to respond.

8. Nothing in this section shall be construed to prohibit compliance

with the investigation of any activity which would violate the laws of

this state. Nothing in this section shall be construed to prohibit

sharing information regarding legally protected health activity in

response to the written request of a person who received the

reproductive health care or gender-affirming care or their legal

representative as provided in paragraph one of subdivision (g) of

section three thousand one hundred nineteen of the civil practice law

and rules, or in response to the written request of a person or entity

who is the subject of an investigation or proceeding that seeks to

impose civil or criminal liability, professional sanctions, or any other

legal consequences upon them for legally protected health activity. In

each case, information shall only be shared to the extent necessary to

fulfill such request.

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

information 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 an

order enforceable in New York entered by a court of competent

jurisdiction.

10. This section shall not be construed to allow for the provision of

any information to any individual or any agency or department outside

New York state which would not otherwise be available under state law.