§ 3436-A — Adverse action against legal reproductive health care or gender-affirming care

§ 3436-a. Adverse action against legal reproductive health care or\ngender-affirming care. (a) Every insurer that issues or renews medical\nmalpractice insurance or professional liability insurance covering a\nhealth care provider licensed to practice in this state shall be\nprohibited from taking any adverse action against a health care provider\nsolely on the basis that the health care provider engages in legally\nprotected health activity, as defined by section 570.17 of the criminal\nprocedure law. The superintendent is expressly authorized to interpret\n"legally protected health activity" as if such definition was stated\nwithin this section. Such policy shall include health care providers\nwho prescribe abortion medication to out-of-state patients by means of\ntelehealth.\n (b) Every insurer that issues or renews medical malpractice insurance\ncovering a health care provider licensed to practice in this state shall\nbe prohibited from refusing to issue or renew, canceling, or charging or\nimposing an increased premium or rate for, or excluding, limiting,\nrestricting, or reducing coverage under a medical malpractice insurance\npolicy based solely upon the legal use or prescription in this state of\nany drug prescribed for the purpose of an abortion, including both\ngeneric and brand name drugs, that has not been approved by the food and\ndrug administration for abortion, provided, however, that such drug\nshall be a recognized medication for abortion in one of the following\nestablished reference compendia:\n (1) The WHO Model Lists of Essential Medicines;\n (2) The WHO Abortion Care Guidance; or\n (3) The National Academies of Science, Engineering, and Medicine\nConsensus Study Report.\n (c) As used in this section, "adverse action" shall mean but not be\nlimited to: (1) refusing to renew or execute a contract or agreement\nwith a health care provider; (2) making a report or commenting to an\nappropriate private or governmental entity regarding practices of such\nprovider which may violate abortion laws in other states; and (3)\nincreasing in any charge for, or a reduction or other adverse or\nunfavorable change in the terms of coverage or amount for, any medical\nmalpractice insurance contract or agreement with a health care provider.\n (d) As used in this section, "medical malpractice insurance" shall\nhave the meaning set forth in section five thousand five hundred one of\nthis chapter.\n (e) As used in this section, "professional liability insurance" shall\nmean insurance against legal liability of the insured, and against loss,\ndamage, or expense incident to a claim of such liability arising out of\nthe death or injury of any person due to medical, psychiatric, mental\nhealth, or other malpractice by any licensed physician assistant,\nphysical therapist, physical therapist assistant, pharmacist, registered\npharmacy technician, nurse, psychologist, psychiatrist, social worker,\noccupational therapist, speech-language pathologist, or mental health\npractitioner.\n (f) As used in this section, "health care provider" shall mean a\nperson who is licensed, certified, or authorized under title eight of\nthe education law and acting within their lawful scope of practice and\nincludes, but is not limited to persons subject to articles one hundred\nthirty-one, one hundred thirty-one-B, one hundred thirty-six, one\nhundred thirty-seven, one hundred thirty-seven-A, one hundred\nthirty-nine, one hundred forty, one hundred fifty-three, one hundred\nfifty-four, one hundred fifty-six, one hundred fifty-nine, or one\nhundred sixty-three of the education law or any other person designated\nas a health care provider by law, rule, or regulation.\n