S02165 Prohibits hospital interference with patient care where the practitioner is acting in good faith and within the scope of their practice; defines emergency medical conditions; requires appropriate medical screening and stabilizing treatment of persons in an emergency department, including pregnant persons, or appropriate transfer.

↑Expands abortion access model confidence 80%

Broadens the definition of 'emergency medical condition' to explicitly include complications from pregnancy loss or attempted termination of pregnancy, and defines stabilizing treatment to include abortion when it prevents material deterioration, so more circumstances allow or require abortion in ER

"Emergency medical condition" includes, but is not limited to, ectopic pregnancy; complications of or resulting from pregnancy, pregnancy loss, or attempted termination of pregnancy;

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↑Expands abortion access model confidence 80%

Requires hospitals to provide stabilizing treatment including abortion for emergency medical conditions (explicitly covering pregnancy complications and risks to fertility), and prohibits interference with practitioners providing such care in good faith, so broader exceptions and access for abortion

"Stabilizing treatment" includes abortion pursuant to section twenty-five hundred ninety-nine-bb of this chapter when failure to provide an abortion will, within reasonable probability, result in material deterioration of the patient's condition upon or during transfer of the patient from the facility.

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↑Expands abortion access model confidence 70%

Prohibits hospitals from limiting or penalizing practitioners acting in good faith within scope of practice from providing information and resources on treatment options including abortion, and repeals required protocols for fetal demise, so less regulation on providers

If a health care practitioner licensed pursuant to title eight of the education law is acting in good faith, within the practitioner's scope of practice, and within the relevant standard of care, a hospital may not limit the health care practitioner's provision of medically accurate and comprehensive information and resources to a patient regarding the patient's health status including, but not limited to, diagnosis, prognosis, recommended treatment, treatment alternatives, information about available services and where and how to obtain them, and any potential risks to the patient's health or

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↑Expands abortion access model confidence 70%

Repeals section 2803-o-1 of the public health law relating to required protocols for fetal demise, removing a prior requirement on hospitals, so less regulation tied to abortion-related procedures

§ 3. Section 2803-o-1 of the public health law is REPEALED.

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