Amendment #1 to H.4844

Amendment #1 to H4844

Enhanced Protections for Health Care Providers Against Out-of-State Legal Actions and Insurance Coverage Assurance

Mr. Paulino of Methuen moves to amend the bill by inserting after section 4 the following three sections:

"Section [5]. [(a) Non-Cooperation with Out-of-State Legal Actions:

1.Non-Cooperation Mandate: No state or local agency, law enforcement officer, or other person acting on behalf of the Commonwealth shall cooperate with or provide information to any individual or entity from another state regarding the provision of reproductive or gender-affirming care that is lawful in Massachusetts.

2.Subpoena and Legal Process Restrictions:

i.Massachusetts courts shall not issue subpoenas or respond to out-of-state subpoenas, court orders, or legal processes seeking information about the provision of reproductive or gender-affirming care that is lawful in Massachusetts.

ii.Any subpoena, warrant, or court order from another state that seeks documents, information, or testimony related to reproductive or gender-affirming care shall be quashed by Massachusetts courts if it pertains to activities lawful in Massachusetts.

(b) Protection Against Extradition:

1.Governor's Authority: The Governor shall not extradite any individual to another state for the provision, receipt, or facilitation of reproductive or gender-affirming care that is lawful in Massachusetts, unless the individual is charged with a crime that would be punishable under the laws of Massachusetts.

1.Malpractice Insurance: No insurer providing medical malpractice insurance in the Commonwealth shall refuse to issue or renew coverage, or impose additional terms, conditions, or rates, based solely on the fact that a health care provider offers reproductive or gender-affirming care that is lawful in Massachusetts but unlawful in another state.

2.Insurance Non-Discrimination:

I.Health care providers who offer reproductive or gender-affirming care shall not be subject to discrimination by insurers in terms of coverage or rates.

II.Any insurer violating this section shall be subject to penalties as prescribed by the Commissioner of Insurance.

(d) Confidentiality and Safety Measures:

1.Address Confidentiality Program: Health care providers and their immediate family members involved in the provision of reproductive or gender-affirming care shall be eligible to participate in the Address Confidentiality Program administered by the Secretary of the Commonwealth to protect against harassment and threats.

2.Legal Counsel and Support:

I.Health care providers shall have access to legal counsel and support funded by the state to defend against out-of-state legal actions related to the provision of lawful care in Massachusetts.

II.The Attorney General shall establish a hotline to provide free legal advice and resources to health care providers, patients, and others involved in the provision or receipt of reproductive or gender-affirming care.]”.

“SECTION [6]. [Legal Actions and Remedies

(a) Cause of Action:

1.Interference with Protected Health Care Services:

I.Any person who is subject to legal action in another state for providing, receiving, or facilitating reproductive or gender-affirming care lawful in Massachusetts may file a countersuit in Massachusetts courts for damages, including costs and attorneys' fees.

II.Massachusetts courts shall have jurisdiction over such claims and may award compensatory and punitive damages as deemed appropriate.

(b) Attorney General's Enforcement:

1.Authority to Enjoin Violations: The Attorney General may bring an action to enjoin any person or entity from violating the protections established under this Act and may recover costs and attorneys' fees.]”

“Section [7]. [Implementation and Reporting

(a) Regulatory Authority:

1.The Attorney General and the Commissioner of Insurance shall promulgate regulations necessary to implement and enforce the provisions of this Act.

(b) Annual Reporting:

The Attorney General shall submit an annual report to the General Court on the implementation and enforcement of the protections provided under this Act, including data on the number of cases and outcomes related to out-of-state legal actions against health care providers.]”