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Bill

S 8807

Relates to procedures for protections of legally protected health activities

2025 Regular Session Introduced by Liz Krueger

The bill protects providers offering abortion-related and gender-affirming care by shielding them from out-of-state investigations and limiting insurers’ adverse actions based sole

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Bill Summary · S 8807

Summary of Bill S. 8807 (2025-2026) — Relates to procedures for protections of legally protected health activities

This summary outlines the bill’s main purpose, key provisions, who is affected, and procedural/timeline aspects.

Purpose and intent

  • The bill expands protections for individuals and entities involved in legally protected health activities, focusing on gender-affirming care and reproductive health services.
  • It also strengthens procedures to shield such activities from outside (out-of-state or cross-jurisdiction) investigations or civil actions.
  • It aligns insurance practices with protections for providers who treat patients seeking abortion-related care or gender-affirming care, limiting certain insurance actions based on such care.

Key provisions

Insurance law — protections against adverse insurance actions

  • Amends Section 3436-a of the Insurance Law.
  • Prohibits insurers issuing or renewing medical malpractice or professional liability insurance for a New York-licensed health care provider from:
    • Refusing to issue/renew a policy,
    • Cancelling a policy,
    • Increasing premiums or otherwise adverse changes in coverage, based solely on the legal use or prescription of any abortion-related drug (whether generic or brand name), provided the drug is recognized as a medication for abortion in one of:
    • WHO Model Lists of Essential Medicines,
    • WHO Abortion Care Guidance, or
    • National Academies of Science, Engineering, and Medicine Consensus Study Report.
  • Defines “adverse action” to include specific forms of negative changes to an insurer contract or coverage (e.g., non-renewal, reporting to authorities about abortion practices in other states, or premium/coverage changes).

General Business Law — electronic data protections for legally protected health activities

  • Recasts provisions related to warrants for electronic data tied to legally protected health activities.
  • Updates definitions for electronic communications and related services and clarifies terms:
    • “Gender-affirming care” and “legally protected health activity” follow definitions in the criminal procedure law.
    • Introduces a legal framework for warrants and enforcement to protect information related to legally protected health activities.
  • Provides for the Attorney General to enforce these protections via civil action or special proceedings.

Civil practice and rules — enforcement and compliance framework

  • Adds and clarifies procedures for entities in New York that receive inquiries, investigations, subpoenas, or summonses seeking information about legally protected health activities (especially from out-of-state or foreign jurisdictions).
  • Requirements for inquiries seeking information:
    • The inquiry must include an affirmation under penalty of perjury indicating whether it is related to legally protected health activities and whether it falls within applicable exceptions.
    • Obligation for the recipient to notify the Attorney General within five business days of receipt (or five business days before complying) and to provide the inquiry documents to the AG, unless legally ordered otherwise.
    • Reasonable notification to individuals involved in the legally protected health activity at least 30 days before providing responsive information, unless ordered otherwise.
    • A minimum waiting period of 30 days after notice to the AG before providing any responsive information, unless ordered otherwise.
  • AG enforcement:
    • The Attorney General may initiate civil action or a special proceeding to enforce these protections, including requests for injunctions.
    • Actions must be brought within six years of notice of the inquiry.
    • Allows all legal and equitable remedies.
    • Courts may impose a statutory penalty of $10,000 per violation for knowingly or intentionally violating these provisions (in addition to other remedies).
  • Preservation and exceptions:
    • Disclosure of de-identified information or information required for federal grant/audit reporting remains permitted.
    • Compliance with valid federal court orders remains permitted.

Affected parties and scope

  • Healthcare providers in New York practicing medicine who may be involved in abortion-related care or gender-affirming care, and who hold professional liability insurance.
  • Insurance carriers issuing or renewing medical malpractice or professional liability policies in New York.
  • Entities and individuals subject to inquiries, investigations, subpoenas, or summonses related to legally protected health activities, including out-of-state or cross-jurisdictional actions.
  • The New York Attorney General as the enforcing authority.

Procedural and timeline aspects

  • Effective date: The act takes effect on the same date and in the same manner as a related 2025 reform package (bills S. 4914-B and A. 5480-C) protecting individuals providing or receiving legally protected health activities from out-of-state liability or sanctions.
  • Enforcement window:
    • Civil action or special proceeding by the AG must be commenced within six years of notice of the inquiry/subpoena.
    • Penalties apply per violation (up to $10,000 per violation).
  • Administrative flow:
    • Insurers must refrain from adverse actions based solely on abortion-related drug use/prescription as defined.
    • The AG’s office has clear procedures to enforce privacy protections around data related to legally protected health activities.

Practical impact and considerations

  • Strengthens financial protections for providers offering abortion-related and gender-affirming care in New York by limiting insurance-related adverse actions.
  • Creates a robust defense framework against out-of-state investigations or penalties targeting legally protected health activities conducted in New York.
  • Establishes explicit procedural barriers and notice requirements for entities seeking information about legally protected health activities, reducing the risk of compelled disclosure of sensitive data.

If you want, I can provide a plain-language executive summary version or a side-by-side comparison with current law highlights.

Compiled from official sources — confirm details with the bill’s official record.

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