Text of CT SB 214 (2024)

LCO No. 1074 1 of 7 General Assembly Raised Bill No. 214 February Session, 2024 LCO No. 1074 *01074_______JUD* Referred to Committee on JUDICIARY Introduced by: (JUD) AN ACT CONSOLIDATING STATUTORY PROVISIONS RELATING TO REPRODUCTIVE HEALTH CARE SERVICES AND GENDER- AFFIRMING HEALTH CARE SERVICES. Be it enacted by the Senate and House of Representatives in General Assembly convened: Section 1. Section 52-571m of the 2024 supplement to the general 1 statutes is repealed and the following is substituted in lieu thereof 2 (Effective July 1, 2024): 3 (a) As used in this section: 4 (1) "Reproductive health care services" includes all medical, surgical, 5 counseling or referral services relating to the human reproductive 6 system, including, but not limited to, services relating to pregnancy, 7 contraception or the termination of a pregnancy; [and all medical care 8 relating to treatment of gender dysphoria as set forth in the most recent 9 edition of the American Psychiatric Association's "Diagnostic and 10 Statistical Manual of Mental Disorders" and gender incongruence, as 11 defined in the most recent revision of the "International Statistical 12 Classification of Diseases and Related Health Problems";] 13 Raised Bill No. 214 LCO No. 1074 2 of 7 (2) "Gender-affirming health care services" means all medical care 14 relating to the treatment of gender dysphoria as set forth in the most 15 recent edition of the American Psychiatric Association's "Diagnostic and 16 Statistical Manual of Mental Disorders" and gender incongruence, as 17 defined in the most recent revision of the "International Statistical 18 Classification of Diseases and Related Health Problems"; and 19 [(2)] (3) "Person" includes an individual, a partnership, an association, 20 a limited liability company or a corporation. 21 (b) When any person has had a judgment entered against such 22 person, in any state, where liability, in whole or in part, is based on the 23 alleged provision, receipt, assistance in receipt or provision, material 24 support for, or any theory of vicarious, joint, several or conspiracy 25 liability derived therefrom, for reproductive health care services or 26 gender-affirming health care services that are permitted under the laws 27 of this state, such person may recover damages from any party that 28 brought the action leading to that judgment or has sought to enforce that 29 judgment. Recoverable damages shall include: (1) Just damages created 30 by the action that led to that judgment, including, but not limited to, 31 money damages in the amount of the judgment in that other state and 32 costs, expenses and reasonable attorney's fees spent in defending the 33 action that resulted in the entry of a judgment in another state; and (2) 34 costs, expenses and reasonable attorney's fees incurred in bringing an 35 action under this section as may be allowed by the court. 36 (c) The provisions of this section shall not apply to a judgment 37 entered in another state that is based on: (1) An action founded in tort, 38 contract or statute, and for which a similar claim would exist under the 39 laws of this state, brought by the patient who received the reproductive 40 health care services or gender-affirming health care services upon which 41 the original lawsuit was based or the patient's authorized legal 42 representative, for damages suffered by the patient or damages derived 43 from an individual's loss of consortium of the patient; (2) an action 44 founded in contract, and for which a similar claim would exist under 45 the laws of this state, brought or sought to be enforced by a party with 46 Raised Bill No. 214 LCO No. 1074 3 of 7 a contractual relationship with the person that is the subject of the 47 judgment entered in another state; or (3) an action where no part of the 48 acts that formed the basis for liability occurred in this state. 49 Sec. 2. Section 52-146w of the general statutes is repealed and the 50 following is substituted in lieu thereof (Effective July 1, 2024): 51 (a) Except as provided in sections 52-146c to 52-146k, inclusive, 52 sections 52-146o, 52-146p, 52-146q and 52-146s and subsection (b) of this 53 section, in any civil action or any proceeding preliminary thereto or in 54 any probate, legislative or administrative proceeding, no covered entity, 55 as defined in 45 CFR 160.103, shall disclose (1) any communication made 56 to such covered entity, or any information obtained by such covered 57 entity from, a patient or the conservator, guardian or other authorized 58 legal representative of a patient relating to reproductive health care 59 services or gender-affirming health care services, as defined in section 60 52-571m, as amended by this act, that are permitted under the laws of 61 this state, or (2) any information obtained by personal examination of a 62 patient relating to [reproductive health care services, as defined in 63 section 52-571m] such services, that are permitted under the laws of this 64 state, unless the patient or that patient's conservator, guardian or other 65 authorized legal representative explicitly consents in writing to such 66 disclosure. A covered entity shall inform the patient or the patient's 67 conservator, guardian or other authorized legal representative of the 68 patient's right to withhold such written consent. 69 (b) Written consent of the patient or the patient's conservator, 70 guardian or other authorized legal representative shall not be required 71 for the disclosure of such communication or information (1) pursuant to 72 the laws of this state or the rules of court prescribed by the Judicial 73 Branch, (2) by a covered entity against whom a claim has been made, or 74 there is a reasonable belief will be made, in such action or proceeding, 75 to the covered entity's attorney or professional liability insurer or such 76 insurer's agent for use in the defense of such action or proceeding, (3) to 77 the Commissioner of Public Health for records of a patient of a covered 78 entity in connection with an investigation of a complaint, if such records 79 Raised Bill No. 214 LCO No. 1074 4 of 7 are related to the complaint, or (4) if child abuse, abuse of an elderly 80 individual, abuse of an individual who is physically disabled or 81 incompetent or abuse of an individual with intellectual disability is 82 known or in good faith suspected. 83 (c) Nothing in this section shall be construed to impede the lawful 84 sharing of medical records as permitted by state or federal law or the 85 rules of the court prescribed by the Judicial Branch, except in the case of 86 a subpoena commanding the production, copying or inspection of 87 medical records relating to reproductive health care services or gender- 88 affirming health care services, as defined in section 52-571m, as 89 amended by this act. 90 Sec. 3. Section 52-155a of the general statutes is repealed and the 91 following is substituted in lieu thereof (Effective July 1, 2024): 92 Notwithstanding the provisions of sections 52-155 and 52-657, a 93 judge, justice of the peace, notary public or commissioner of the 94 Superior Court shall not issue a subpoena requested by a commissioner, 95 appointed according to the laws or usages of any other state or 96 government, or by any court of the United States or of any other state or 97 government, when such subpoena relates to reproductive health care 98 services or gender-affirming health care services, as defined in section 99 52-571m, as amended by this act, that are permitted under the laws of 100 this state, unless the subpoena relates to: (1) An out-of-state action 101 founded in tort, contract or statute, for which a similar claim would exist 102 under the laws of this state, brought by a patient or the patient's 103 authorized legal representative, for damages suffered by the patient or 104 damages derived from an individual's loss of consortium of the patient; 105 or (2) an out-of-state action founded in contract, and for which a similar 106 claim would exist under the laws of this state, brought or sought to be 107 enforced by a party with a contractual relationship with the person that 108 is the subject of the subpoena requested by a commissioner appointed 109 according to the laws or usages of another state. 110 Sec. 4. Subsection (b) of section 54-82i of the general statutes is 111 Raised Bill No. 214 LCO No. 1074 5 of 7 repealed and the following is substituted in lieu thereof (Effective July 1, 112 2024): 113 (b) If a judge of a court of record in any state which by its laws has 114 made provision for commanding persons within that state to attend and 115 testify in this state certifies, under the seal of such court, that there is a 116 criminal prosecution pending in such court, or that a grand jury 117 investigation has commenced or is about to commence, that a person 118 being within this state is a material witness in such prosecution or grand 119 jury investigation and that the presence of such witness will be required 120 for a specified number of days, upon presentation of such certificate to 121 any judge of a court of record in the judicial district in which such 122 person is, such judge shall fix a time and place for a hearing and shall 123 make an order directing the witness to appear at such time and place for 124 such hearing. If, at such hearing, the judge determines that the witness 125 is material and necessary, that it will not cause undue hardship to the 126 witness to be compelled to attend and testify in the prosecution or a 127 grand jury investigation in the other state and that the laws of such other 128 state and the laws of any other state through which the witness may be 129 required to pass by ordinary course of travel will give to such witness 130 protection from arrest and from the service of civil or criminal process, 131 the judge shall issue a summons, with a copy of the certificate attached, 132 directing the witness to attend and testify in the court where the 133 prosecution is pending, or where a grand jury investigation has 134 commenced or is about to commence at a time and place specified in the 135 summons, except that no judge shall issue a summons in a case where 136 prosecution is pending, or where a grand jury investigation has 137 commenced or is about to commence for a criminal violation of a law of 138 such other state involving the provision or receipt of or assistance with 139 reproductive health care services or gender-affirming health care 140 services, as defined in section [52-571n] 52-571m, as amended by this 141 act, that are legal in this state, unless the acts forming the basis of the 142 prosecution or investigation would also constitute an offense in this 143 state. At any such hearing, the certificate shall be prima facie evidence 144 of all the facts stated therein. If such certificate recommends that the 145 Raised Bill No. 214 LCO No. 1074 6 of 7 witness be taken into immediate custody and delivered to an officer of 146 the requesting state to assure the attendance of the witness in such state, 147 such judge may, in lieu of notification of the hearing, direct that such 148 witness be forthwith brought before such judge for such hearing, and, 149 being satisfied, at such hearing, of the desirability of such custody and 150 delivery, of which desirability such certificate shall be prima facie proof, 151 may, in lieu of issuing a subpoena or summons, order that such witness 152 be forthwith taken into custody and delivered to an officer of the 153 requesting state. If such witness, after being paid or tendered by an 154 authorized person the same amount per mile as provided for state 155 employees pursuant to section 5-141c for each mile by the ordinary 156 traveled route to and from the court where the prosecution is pending 157 and five dollars each day that such witness is required to travel and 158 attend as a witness, fails, without good cause, to attend and testify as 159 directed in the summons, the witness shall be punished in the manner 160 provided for the punishment of any witness who disobeys a summons 161 issued from a court of record in this state. 162 Sec. 5. Section 54-155a of the general statutes is repealed and the 163 following is substituted in lieu thereof (Effective July 1, 2024): 164 No public agency, as defined in section 1-200, or employee, 165 appointee, officer or official or any other person acting on behalf of a 166 public agency may provide any information or expend or use time, 167 money, facilities, property, equipment, personnel or other resources in 168 furtherance of any interstate investigation or proceeding seeking to 169 impose civil or criminal liability upon a person or entity for (1) the 170 provision, seeking or receipt of or inquiring about reproductive health 171 care services or gender-affirming health care services, as defined in 172 section 52-571m, as amended by this act, that are legal in this state, or 173 (2) assisting any person or entity providing, seeking, receiving or 174 responding to an inquiry about reproductive health care services or 175 gender-affirming health care services, as defined in section 52-571m, as 176 amended by this act, that are legal in this state. This section shall not 177 apply to any investigation or proceeding where the conduct subject to 178 potential liability under the investigation or proceeding would be 179 Raised Bill No. 214 LCO No. 1074 7 of 7 subject to liability under the laws of this state if committed in this state. 180 Sec. 6. Subdivision (17) of section 42-515 of the 2024 supplement to 181 the general statutes is repealed and the following is substituted in lieu 182 thereof (Effective July 1, 2024): 183 (17) "Gender-affirming health care services" has the same meaning as 184 provided in section [52-571n] 52-571m, as amended by this act. 185 Sec. 7. Sections 52-146x, 52-155b and 54-155b of the general statutes 186 are repealed. (Effective July 1, 2024) 187 Sec. 8. Section 52-571n of the 2024 supplement to the general statutes 188 is repealed. (Effective July 1, 2024) 189 This act shall take effect as follows and shall amend the following sections: Section 1 July 1, 2024 52-571m Sec. 2 July 1, 2024 52-146w Sec. 3 July 1, 2024 52-155a Sec. 4 July 1, 2024 54-82i(b) Sec. 5 July 1, 2024 54-155a Sec. 6 July 1, 2024 42-515(17) Sec. 7 July 1, 2024 Repealer section Sec. 8 July 1, 2024 Repealer section Statement of Purpose: To consolidate various provisions of the general statutes relating to reproductive health care services and gender-affirming health care services by incorporating existing statutory language concerning gender-affirming health care services into existing statutes concerning reproductive health care services. [Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]