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New York · 2025-2026 General Assembly
S08807Specifies that professional liability insurance insurers cannot deny coverage or increase rates solely based on legal use or prescription of certain gender-affirming care-related drugs; prescribes procedures for warrants issued in other jurisdictions for electronic data related to legally protected health activities; provides for additional procedural methods for protection of legally protected health activities.
Direction
Abortionmedication abortionAI label
↑Expands abortion accessmodel confidence 90%
Prohibits insurers from denying coverage or increasing rates based on legal use or prescription of certain drugs for abortion, including off-label uses recognized in specified compendia, so more insurance protection for providers of medication abortion.
Every insurer that issues or renews medical malpractice or professional liability insurance covering a health care provider licensed to practice in this state shall be prohibited from refusing to issue or renew, canceling, or charging or imposing an increased premium or rate for, or excluding, limiting, restricting, or reducing coverage under a medical malpractice or professional liability insurance policy based solely upon the legal use or prescription in this state of any drug prescribed for the purpose of an abortion, including both generic and brand name drugs, that has not been approved
✓ Quote verified word for word in the bill text
Abortionprovider clinic regulationAI label
↑Expands abortion accessmodel confidence 85%
Expands definitions and protections for legally protected health activities (including reproductive health care and gender-affirming care) by limiting compliance with out-of-state warrants, subpoenas, or inquiries seeking to impose liability for such activities, and allows the attorney general to en
Warrants for [deleted: reproductive health related] electronic data related to legally protected health activities.
Expands protections for gender-affirming care by including it in definitions of legally protected health activity, prohibiting insurers from taking adverse actions based on its provision, and limiting compliance with out-of-state inquiries or warrants seeking to impose liability for it.
"Gender-affirming care" shall have the same meaning as defined by section 570.17 of the criminal procedure law.
Why the model tagged it this way: The bill amends insurance law to bar adverse actions against providers based on prescribing drugs for abortion (including off-label medication abortion) and expands shield protections in general business law against out-of-state enforcement targeting legally protected health activities, which explicitly include both reproductive health care/abortion and gender-affirming care.
Related bills
S09275Requires Medicaid to cover gender-affirming care regardless of federal funding; prohibits discriminatory practices by health care entities i↑Expands transgender recognition & access Died (session ended)
S08364Relates to the administration of reversible progestin-only contraceptive injections; provides that no pharmacist shall administer reversible↑Expands abortion access↑Expands abortion access Died (session ended)
A08664Relates to the administration of reversible progestin-only contraceptive injections; provides that no pharmacist shall administer reversible↑Expands abortion access↑Expands abortion access Died (session ended)
A03694Ensures that women seeking an abortion receive an ultrasound and the opportunity to review the ultrasound before giving informed consent to ↓Restricts abortion access↓Restricts abortion access Died (session ended)