§ 52-571n — Action to recover damages for judgment entered against a person where liability is based on alleged provision, receipt or assistance in provision or receipt of gender-affirming health care services or reproductive health care services. Definitions. Exceptions.

(a) As used in this section: (1) “Gender-affirming health care services” means all medical care relating to the treatment of gender dysphoria as set forth in the most recent edition of the American Psychiatric Association's “Diagnostic and Statistical Manual of Mental Disorders” and gender incongruence, as defined in the most recent revision of the “International Statistical Classification of Diseases and Related Health Problems”; (2) “Reproductive health care services” includes all medical, surgical, counseling or referral services relating to the human reproductive system, including, but not limited to, services relating to pregnancy, contraception or the termination of a pregnancy; and (3) “Person” includes an individual, a partnership, an association, a limited liability company or a corporation. (b) When any person has had a judgment entered against such person, in any state, where liability, in whole or in part, is based on the alleged provision, receipt, assistance in receipt or provision, material support for, or any theory of vicarious, joint, several or conspiracy liability derived therefrom, for reproductive health care services and gender-affirming health care services that are permitted under the laws of this state, such person may recover damages from any party that brought the action leading to that judgment or has sought to enforce that judgment. Recoverable damages shall include: (1) Just damages created by the action that led to that judgment, including, but not limited to, money damages in the amount of the judgment in that other state and costs, expenses and reasonable attorney's fees spent in defending the action that resulted in the entry of a judgment in another state; and (2) costs, expenses and reasonable attorney's fees incurred in bringing an action under this section as may be allowed by the court. (c) The provisions of this section shall not apply to a judgment entered in another state that is based on: (1) An action founded in tort, contract or statute, and for which a similar claim would exist under the laws of this state, brought by the patient who received the reproductive health care services or gender-affirming health care services upon which the original lawsuit was based or the patient's authorized legal representative, for damages suffered by the patient or damages derived from an individual's loss of consortium of the patient; (2) an action founded in contract, and for which a similar claim would exist under the laws of this state, brought or sought to be enforced by a party with a contractual relationship with the person that is the subject of the judgment entered in another state; or (3) an action where no part of the acts that formed the basis for liability occurred in this state. See Sec. 54-155b prohibiting use of public resources in furtherance of an interstate investigation or proceeding concerning the provision, seeking or receipt of or assistance with reproductive health services or gender-affirming health care services.

Legislative History

(P.A. 22-118, S. 484; P.A. 23-204, S. 307.) History: P.A. 22-118 effective July 1, 2022; P.A. 23-204 amended Subsec. (a)(1) by adding reference source for gender dysphoria and reference to gender incongruence and definition source, effective July 1, 2023.