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Bill > A5356


NJ A5356

NJ A5356
Permits suit for abusive litigation for interference with legally protected health care activity or reproductive health care services under certain circumstances.


summary

Introduced
03/30/2023
In Committee
03/30/2023
Crossed Over
Passed
Dead
01/08/2024

Introduced Session

2022-2023 Regular Session

Bill Summary

This bill permits lawsuits for abusive litigation for the interference with a legally protected health care activity or reproductive health care services under certain circumstances. P.L.2021, c.375 provides that all individuals in the State have the fundamental right to choose or refuse contraception or sterilization, and choose whether to carry a pregnancy, give birth, or terminate a pregnancy. Under P.L.2022, c.50, the Governor is prohibited from cooperating in the extradition of a person in New Jersey, who is charged in another state that is making the demand for extradition, with providing, receiving, assisting in providing or receiving, providing material support for, or traveling to obtain, reproductive health care services that are permitted under New Jersey law. Under P.L.2022, c.51, a health care professional is prohibited, in any civil action, from disclosing communications or information concerning the patient's reproductive health care services, unless the patient or the patient's legal representative explicitly consented in writing. This bill expands those protections to provide that if any person, including a plaintiff, prosecutor, attorney, or law firm, whether or not acting under color of law of another jurisdiction, engages or attempts to engage in abusive litigation that infringes on or interferes with, or attempts to infringe on or interfere with, a legally protected health care activity or the provision of reproductive healthcare services, an aggrieved person, health care professional, or entity that employs or contracts the health care professional, including a defendant in the abusive litigation, may institute and prosecute a civil action for injunctive, monetary, or other appropriate relief within three years after the cause of action accrues.

AI Summary

This bill expands protections for legally protected health care activities and reproductive health care services in New Jersey. It allows lawsuits against individuals or entities that engage in "abusive litigation" that infringes on or interferes with these protected activities. "Abusive litigation" is defined as filing lawsuits in other jurisdictions to deter, prevent, or punish providers for offering legal health care services in New Jersey. The bill also prohibits enforcing out-of-state orders or judgments that violate New Jersey's existing laws protecting reproductive health care. An aggrieved person, health care professional, or their employer can file a civil action within three years for injunctive, monetary, or other appropriate relief against those engaging in such abusive litigation.

Committee Categories

Justice

Sponsors (1)

Last Action

Introduced, Referred to Assembly Judiciary Committee (on 03/30/2023)

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