N.Y. Insurance Law § 3436-a: Adverse action against legal reproductive health care or gender-affirming care

§ 3436-a. Adverse action against legal reproductive health care or

gender-affirming care. (a) Every insurer that issues or renews medical

malpractice insurance or professional liability insurance covering a

health care provider licensed to practice in this state shall be

prohibited from taking any adverse action against a health care provider

solely on the basis that the health care provider engages in legally

protected health activity, as defined by section 570.17 of the criminal

procedure law. The superintendent is expressly authorized to interpret

"legally protected health activity" as if such definition was stated

within this section. Such policy shall include health care providers

who prescribe abortion medication to out-of-state patients by means of

telehealth.

(b) Every insurer that issues or renews medical malpractice or

professional liability insurance covering a health care provider

licensed to practice in this state shall be prohibited from refusing to

issue or renew, canceling, or charging or imposing an increased premium

or rate for, or excluding, limiting, restricting, or reducing coverage

under a medical malpractice or professional liability insurance policy

based solely upon the legal use or prescription in this state of any

drug prescribed for the purpose of an abortion, including both generic

and brand name drugs, that has not been approved by the food and drug

administration for abortion, provided, however, that such drug shall be

a recognized medication for abortion in one of the following established

reference compendia:

(1) The WHO Model Lists of Essential Medicines;

(2) The WHO Abortion Care Guidance; or

(3) The National Academies of Science, Engineering, and Medicine

Consensus Study Report.

(c) As used in this section, "adverse action" shall mean but not be

limited to: (1) refusing to renew or execute a contract or agreement

with a health care provider; (2) making a report or commenting to an

appropriate private or governmental entity regarding practices of such

provider which may violate abortion laws in other states; and (3)

increasing in any charge for, or a reduction or other adverse or

unfavorable change in the terms of coverage or amount for, any medical

malpractice or professional liability insurance contract or agreement

with a health care provider.

(d) As used in this section, "medical malpractice insurance" shall

have the meaning set forth in section five thousand five hundred one of

this chapter.

(e) As used in this section, "professional liability insurance" shall

mean insurance against legal liability of the insured, and against loss,

damage, or expense incident to a claim of such liability arising out of

the death or injury of any person due to medical, psychiatric, mental

health, or other malpractice by any licensed physician assistant,

physical therapist, physical therapist assistant, pharmacist, registered

pharmacy technician, nurse, psychologist, psychiatrist, social worker,

occupational therapist, speech-language pathologist, or mental health

practitioner.

(f) As used in this section, "health care provider" shall mean a

person who is licensed, certified, or authorized under title eight of

the education law and acting within their lawful scope of practice and

includes, but is not limited to persons subject to articles one hundred

thirty-one, one hundred thirty-one-B, one hundred thirty-six, one

hundred thirty-seven, one hundred thirty-seven-A, one hundred

thirty-nine, one hundred forty, one hundred fifty-three, one hundred

fifty-four, one hundred fifty-six, one hundred fifty-nine, or one

hundred sixty-three of the education law or any other person designated

as a health care provider by law, rule, or regulation.