§ 394-i. Legally protected health activities. 1. For the purposes of\nthis section, the term "legally protected health activity" shall have\nthe same meaning as defined by section 570.17 of the criminal procedure\nlaw.\n 2. No person or entity that is located, headquartered, or incorporated\nin New York state and receives, is served with, or is subject to a\ncivil, criminal, or regulatory inquiry, investigation, subpoena, or\nsummons for information regarding legally protected health activity\nshall comply with or provide information in response to such inquiry,\ninvestigation, subpoena, or summons unless:\n (a) such inquiry, investigation, subpoena, or summons contains or is\naccompanied by an affirmation under penalty of perjury attesting that\neither:\n (i) it is not related to, and that any information obtained shall not\nbe used in, any investigation or proceeding that seeks to impose civil\nor criminal liability, professional sanctions, or any other legal\nconsequences upon a person or entity for any legally protected health\nactivity; or\n (ii) it is related to such an investigation or proceeding, but falls\nwithin an exception provided in paragraph one of subdivision (g) of\nsection three thousand one hundred nineteen of the civil practice law\nand rules, and identifies which exception applies to the information\nrequest;\n (b) the person or entity receiving or subject to such inquiry,\ninvestigation, subpoena, or summons regarding legally protected health\nactivity has:\n (i) notified the attorney general within seventy-two hours of\nreceiving such inquiry, investigation, subpoena, or summons; indicated\nin such notice whether such person or entity intends to comply with such\ninquiry, investigation, subpoena, or summons; provided a copy of such\ninquiry, investigation, subpoena, or summons and any related materials\nto the attorney general; and\n (ii) made reasonable attempts to notify the individual or individuals\nwho provided, sought, received, facilitated, or otherwise engaged in\nsuch legally protected health activity to which such inquiry,\ninvestigation, subpoena, or summons pertains at least thirty days prior\nto providing any responsive information, unless otherwise ordered by a\ncourt of competent jurisdiction; and\n (c) a minimum of thirty days has passed since such person or entity\nnotified the attorney general of such inquiry, investigation, subpoena,\nor summons pursuant to paragraph (b) of this subdivision.\n 3. A person or entity who submits a false affirmation in violation of\nsubdivision two of this section shall be subject to the jurisdiction of\nthe courts of this state for any suit, penalties, or damages arising out\nof such false affirmation.\n (a) The attorney general may commence an action or special proceeding\nfor damages and/or penalties against any person or entity that submits a\nfalse affirmation in violation of subdivision two of this section.\n (i) The courts of this state shall assess a statutory penalty of\nfifteen thousand dollars per violation against any person or entity\nfound to have intentionally, knowingly, willingly, or recklessly\nsubmitted a false affirmation. This shall be in addition to any other\nlegal or equitable remedy lawfully available.\n (ii) Any action or special proceeding brought by the attorney general\npursuant to this section shall be commenced within six years of the date\non which the attorney general received notice of the inquiry,\ninvestigation, subpoena, or summons that such false affirmation\naccompanied.\n 4. The attorney general of this state may commence an action or\nspecial proceeding to enforce the provisions of this section, including\nbut not limited to an application or motion for an order enjoining\nongoing or future violations of this section. The attorney general shall\nnot commence such an action unless the attorney general has reason to\nbelieve the defendant or respondent intends to comply or has complied\nwith an inquiry,
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