N.Y.
Executive Law Section 837-X
Cooperation with certain out-of-state investigations
1.
For purposes of this section, the following terms shall have the following meanings:(a)
“Reproductive health services” shall have the same meaning as paragraph (a) of subdivision one of section 570.17 of the criminal procedure law; and(b)
“Legally protected health activity” shall have the same meaning as paragraph (b) of subdivision one of section 570.17 of the criminal procedure law.2.
(a) No state or local government employee or entity or other person acting on behalf of state or local government shall cooperate with or provide information to any out-of-state individual or out-of-state agency or department regarding any legally protected health activity in this state, or otherwise expend or use time, moneys, facilities, property, equipment, personnel or other resources in furtherance of any investigation or proceeding that seeks to impose civil or criminal liability or professional sanctions upon a person or entity for any legally protected health activity occurring in this state; except that the commissioner of health may share deidentified information as strictly necessary to respond to a public health emergency or an imminent threat to public health, or to consult and cooperate with the appropriate agencies of the federal government or of other states in accordance with the functions, powers, and duties of the department as outlined under Public Health Law § 201 (Functions, powers and duties of the department)section two hundred one of the public health law, and may share identified information in such circumstances only when strictly necessary and with the consent of the patient. For purposes of this section, “deidentified” means that the information cannot identify or be made to identify or be associated with a particular individual, directly or indirectly, and is subject to technical safeguards and policies and procedures that prevent reidentification, whether intentionally or unintentionally, of any individual.(b)
Nothing in this section shall prohibit the investigation of any reproductive health services rendered in violation of the laws of this state, provided that no information relating to any medical procedure performed on a specific individual may be shared with an out-of-state agency or any other individual. Nothing in this section shall prohibit compliance with a valid, court-issued subpoena or warrant which does not relate to a law seeking to impose civil or criminal liability or professional sanctions for a legally protected health activity, or in response to the written request of a person who is the subject of such an investigation or proceeding, to the extent necessary, in each case, to fulfill such request.(c)
Nothing in this section shall prohibit disclosure of deidentified information in compliance with federal grant reporting requirements or other reporting requirements under federal law.(d)
This section shall not be construed to allow for the provision of any information to any individual or out-of-state agency or department which would not otherwise be available under state law. * NB There are 2 § 837-x’s
Source:
Section 837-X — Cooperation with certain out-of-state investigations, https://www.nysenate.gov/legislation/laws/EXC/837-X (updated Feb. 16, 2024; accessed May 4, 2024).
