File #: Int 1201-2025    Version: Name: Cause of action related to interference with reproductive or gender-affirming health care.
Type: Introduction Status: Laid Over in Committee
Committee: Committee on Women and Gender Equity
On agenda: 2/27/2025
Enactment date: Law number:
Title: A Local Law to amend the administrative code of the city of New York, in relation to a cause of action related to interference with reproductive or gender-affirming health care
Sponsors: Shahana K. Hanif, Erik D. Bottcher, Carlina Rivera , Chi A. Ossé, Lincoln Restler, Crystal Hudson, Sandy Nurse, Carmen N. De La Rosa, Farah N. Louis, Alexa Avilés, Gale A. Brewer, Shaun Abreu, Diana I. Ayala, Christopher Marte, Justin L. Brannan, Amanda Farías, Public Advocate Jumaane Williams, (in conjunction with the Brooklyn Borough Presiden
Council Member Sponsors: 17
Summary: This bill would expand a person’s private right of action for interference with reproductive or endocrine medical care when a lawsuit is commenced against the person on the basis of this care, to explicitly include all forms of gender-affirming care. Along with expanding this private right of action, the relevant chapter of the Administrative Code is redesignated to correct the issue of an identically numbered chapter.
Attachments: 1. Summary of Int. No. 1201-A, 2. Summary of Int. No. 1201, 3. Int. No. 1201, 4. February 27, 2025 - Stated Meeting Agenda, 5. Hearing Transcript - Stated Meeting 2-27-25, 6. Committee Report 2/28/25, 7. Hearing Testimony 2/28/25, 8. Hearing Transcript 2/28/25, 9. Fiscal Impact Statement - City Council, 10. Fiscal Impact Statement - OMB, 11. Proposed Int. No. 1201-A - 4/18/25

Proposed Int. No. 1201-A

 

By Council Members Hanif, Bottcher, Rivera, Ossé, Restler, Hudson, Nurse, De La Rosa, Louis, Avilés, Brewer, Abreu, Ayala, Marte, Brannan, Farías and the Public Advocate (Mr. Williams) (in conjunction with the Brooklyn Borough President)

 

A Local Law to amend the administrative code of the city of New York, in relation to a cause of action related to interference with reproductive or gender-affirming health care

 

Be it enacted by the Council as follows:

 

Section 1. Chapter 21 of title 17 of the administrative code of the city of New York, as added by local law number 76 for the year 2022, is amended to read as follows:

CHAPTER [21] 22

Interference with Reproductive or [Endocrine Medical] Gender-Affirming Health Care

§ [17-2101] 17-2201 Definitions. For purposes of this chapter, the following terms have the following meanings:

Gender-affirming health care. The term “gender-affirming health care” has the same meaning as the term “gender-affirming care” as set forth in subdivision a of section 10-184.1.

Reproductive health care. The term “reproductive health care” has the same meaning as the term “reproductive health care” as set forth in subdivision a of section 17-199.2.1.

§ 17-2202 Claim for interference with reproductive or [endocrine medical care] gender-affirming health care. a. A person may bring a civil action for interference with reproductive or [endocrine medical care] gender-affirming health care when a civil action is commenced against such person in any state, for which liability, in whole or in part, or any theory of vicarious, joint, several, or conspiracy liability derived therefrom, is based on the provision, receipt, assistance in receipt or provision of, or material support for[, medical care relating to the human reproductive or endocrine systems, which] reproductive health care or gender-affirming health care that was lawfully provided in the city.

b. A claim for interference with reproductive health care or [endocrine medical care] gender-affirming health care under subdivision a of this section may not be based upon the commencement of any civil action that is founded in tort, contract, or statute and for which a similar claim would exist under the laws of the state of New York or of the city and which is:

1. Brought by the patient who received [the medical] such health care, or the patient’s authorized legal representative, for damages suffered by the patient or damages derived from an individual's loss of consortium of the patient; or

2. Brought by a party with a contractual relationship with the person that is the subject of the action.

c. A plaintiff who prevails on a claim alleging interference with reproductive health care or [endocrine medical care] gender-affirming health care under subdivision a of this section shall be awarded statutory damages of $10,000. In addition, the court, in issuing a final order in any action brought pursuant to this section, may award costs of litigation to the prevailing party whenever the court determines such an award is appropriate. This section does not limit or abrogate any claim or cause of action such person has under common law or by other law or rule.

§ 2. This local law takes effect immediately.

 

JMF/JGP

LS #18267

04/16/2025 8:41 pm