§ 394-I — Legally protected health activities

§ 394-i. Legally protected health activities. 1. For the purposes of\nthis section, the term "legally protected health activity" shall have\nthe same meaning as defined by section 570.17 of the criminal procedure\nlaw.\n 2. No person or entity that is located, headquartered, or incorporated\nin New York state and receives, is served with, or is subject to a\ncivil, criminal, or regulatory inquiry, investigation, subpoena, or\nsummons for information regarding legally protected health activity\nshall comply with or provide information in response to such inquiry,\ninvestigation, subpoena, or summons unless:\n (a) such inquiry, investigation, subpoena, or summons contains or is\naccompanied by an affirmation under penalty of perjury attesting that\neither:\n (i) it is not related to, and that any information obtained shall not\nbe used in, any investigation or proceeding that seeks to impose civil\nor criminal liability, professional sanctions, or any other legal\nconsequences upon a person or entity for any legally protected health\nactivity; or\n (ii) it is related to such an investigation or proceeding, but falls\nwithin an exception provided in paragraph one of subdivision (g) of\nsection three thousand one hundred nineteen of the civil practice law\nand rules, and identifies which exception applies to the information\nrequest;\n (b) the person or entity receiving or subject to such inquiry,\ninvestigation, subpoena, or summons regarding legally protected health\nactivity has:\n (i) notified the attorney general within seventy-two hours of\nreceiving such inquiry, investigation, subpoena, or summons; indicated\nin such notice whether such person or entity intends to comply with such\ninquiry, investigation, subpoena, or summons; provided a copy of such\ninquiry, investigation, subpoena, or summons and any related materials\nto the attorney general; and\n (ii) made reasonable attempts to notify the individual or individuals\nwho provided, sought, received, facilitated, or otherwise engaged in\nsuch legally protected health activity to which such inquiry,\ninvestigation, subpoena, or summons pertains at least thirty days prior\nto providing any responsive information, unless otherwise ordered by a\ncourt of competent jurisdiction; and\n (c) a minimum of thirty days has passed since such person or entity\nnotified the attorney general of such inquiry, investigation, subpoena,\nor summons pursuant to paragraph (b) of this subdivision.\n 3. A person or entity who submits a false affirmation in violation of\nsubdivision two of this section shall be subject to the jurisdiction of\nthe courts of this state for any suit, penalties, or damages arising out\nof such false affirmation.\n (a) The attorney general may commence an action or special proceeding\nfor damages and/or penalties against any person or entity that submits a\nfalse affirmation in violation of subdivision two of this section.\n (i) The courts of this state shall assess a statutory penalty of\nfifteen thousand dollars per violation against any person or entity\nfound to have intentionally, knowingly, willingly, or recklessly\nsubmitted a false affirmation. This shall be in addition to any other\nlegal or equitable remedy lawfully available.\n (ii) Any action or special proceeding brought by the attorney general\npursuant to this section shall be commenced within six years of the date\non which the attorney general received notice of the inquiry,\ninvestigation, subpoena, or summons that such false affirmation\naccompanied.\n 4. The attorney general of this state may commence an action or\nspecial proceeding to enforce the provisions of this section, including\nbut not limited to an application or motion for an order enjoining\nongoing or future violations of this section. The attorney general shall\nnot commence such an action unless the attorney general has reason to\nbelieve the defendant or respondent intends to comply or has complied\nwith an inquiry, investigation, subpoena, or summons regarding legally\nprotected health activity.\n (a) Any action or special proceeding brought by the attorney general\npursuant to this section shall be commenced within six years of the date\non which the attorney general received notice of the inquiry,\ninvestigation, subpoena, or summons at issue.\n (b) Notwithstanding any contrary provision of law, the attorney\ngeneral may seek all available legal and equitable remedies.\n (c) The courts of this state shall assess a statutory penalty of\nfifteen thousand dollars per violation against any person or entity\nfound to have intentionally, knowingly, willingly, or recklessly\ncomplied with an inquiry, investigation, subpoena, or summons regarding\nlegally protected health activity in violation of this section. This\nshall be in addition to any other legal or equitable remedy lawfully\navailable.\n 5. Any person or entity that is located, headquartered, or\nincorporated in New York state and receives, is served with, or is\nsubject to a civil, criminal, or regulatory inquiry, investigation,\nsubpoena, or summons for information regarding legally protected health\nactivity may institute a civil action to obtain declaratory relief, or\nsuch other relief deemed necessary and proper by the court, stating that\nthis section prohibits their compliance with the inquiry, investigation,\nsubpoena, or summons.\n (a) At or before the commencement of any action under this section,\nnotice thereof and a copy of the commencing document and all supporting\ndocuments shall be served upon the attorney general.\n (b) The attorney general is authorized to intervene in any such action\nbrought pursuant to this section.\n (c) If the person or entity initiating an action brought under this\nsection prevails in such action, the court shall award reasonable costs\nand attorney's fees.\n (d) Any action brought pursuant to this section shall be commenced\nwithin one year of the date on which the inquiry, investigation,\nsubpoena, or summons at issue was received or served, whichever is\nlater.\n 6. Any person or entity that issues or causes to be issued a civil,\ncriminal, or regulatory inquiry, investigation, subpoena, or summons to\na person or entity located, headquartered, or incorporated in New York\nstate shall be subject to the jurisdiction of the courts of this state\nfor any action, suit, penalties, or damages arising out of this section.\n 7. Where compliance with this section delays or prohibits a person's\nor entity's response to a subpoena, such person or entity shall not be\nheld in contempt or otherwise subject to legal consequences under\nsection two thousand three hundred eight of the civil practice law and\nrules or any other law of this state for their delay in responding or\nfailure to respond.\n 8. Nothing in this section shall be construed to prohibit compliance\nwith the investigation of any activity which would violate the laws of\nthis state. Nothing in this section shall be construed to prohibit\nsharing information regarding legally protected health activity in\nresponse to the written request of a person who received the\nreproductive health care or gender-affirming care or their legal\nrepresentative as provided in paragraph one of subdivision (g) of\nsection three thousand one hundred nineteen of the civil practice law\nand rules, or in response to the written request of a person or entity\nwho is the subject of an investigation or proceeding that seeks to\nimpose civil or criminal liability, professional sanctions, or any other\nlegal consequences upon them for legally protected health activity. In\neach case, information shall only be shared to the extent necessary to\nfulfill such request.\n 9. Nothing in this section shall prohibit disclosure of deidentified\ninformation in compliance with federal grant reporting requirements or\nother reporting requirements under federal law, or identified\ninformation when strictly necessary to comply with a federal audit of\nspecific services for which payment has been made by the federal\ngovernment. Nothing in this section shall prohibit compliance with a\nvalid federal court order.\n 10. This section shall not be construed to allow for the provision of\nany information to any individual or any agency or department outside\nNew York state which would not otherwise be available under state law.\n