California Expands Protections for Medical Providers Performing Abortions and Gender-Affirming Health Care (SB 345, SB 487, SB 571, AB 1707)

On September 27, 2023, Governor Newsom signed four bills into law aimed at protecting medical providers who perform abortions and gender-affirming services. The bills are anticipated to improve accessibility and affordability of services for all who need them. While these bills are focused on increasing protections for medical providers performing abortions and gender-affirming services, they confirm current access to healthcare for Californians and could have future impacts on employees’ health insurance.

First, under Senate Bill 345, people located in states that have criminalized abortion or gender-affirming care may contact a California health care provider and have medication shipped to them from a participating California pharmacy. The bill also prohibits law enforcement, government officials, or government contractors from cooperating with out-of-state prosecutions related to abortion, contraception, or gender-affirming care, strengthening California’s “Safe Haven” laws. Finally, SB 345 prohibits California-based social media and tech companies from disclosing to law enforcement any private communication of patients regarding health care that is legally protected in California. This is the first law of its kind in the United States.

Second, Senate Bill 487 prohibits health insurers and the state from penalizing medical providers sanctioned in other states for performing abortions or gender-affirming procedures that are legal in California. Additionally, it prohibits Medi-Cal from automatically suspending a provider when they are suspended by a Medicaid program in another state for performing abortion or gender affirming care services.

Third, under Senate Bill 571, malpractice insurers are prohibited from refusing to provide malpractice insurance to a provider on the basis of the provider offering abortion, contraception, or gender affirming care that is lawful in California but unlawful in another state. Additionally, insurers may not increase the premium or impose additional costs for medical providers solely based on their providing those services.

Finally, Assembly Bill 1707 prohibits state licensing boards from disciplining health care providers on the basis of out-of-state judgments against them for performing medical services that are legal in California.

For more information, contact your legal counsel.