Attorney General James Releases Guidance on New York’s Shield Law

NEW YORK – New York Attorney General Letitia James today released guidance outlining New York’s Shield Law protections for people who receive, provide, or help others access abortion and gender-affirming care. The guidance explains what New Yorkers must do if asked for information about protected care, when information can be legally shared, and how New York protects people from improper attempts to investigate or punish that care. The plain-language resource is for patients, families, health care providers, attorneys, businesses, and anyone else who may receive a subpoena or other request for information about legally protected health care.

“New York has some of the strongest protections in the country for reproductive and gender-affirming health care, and we want to make sure people know how to use them,” said Attorney General James. “This guidance gives New Yorkers a clear roadmap for protecting their private health information and standing up to unlawful attempts to reach across our state’s borders. My office will always defend New Yorkers’ right to make personal health care decisions free from interference.”

“Protecting New Yorkers’ confidential health records is paramount – especially when that information is sought through dubious legal processes and then weaponized to target trans youth seeking lifesaving gender-affirming care and women seeking reproductive care,” said Manhattan Borough President Brad Hoylman-Sigal. “I’m grateful to Attorney General James for her relentless defense of New York’s Shield Law, which I was proud to sponsor in the State Senate. Today’s announcement is a welcome next step, providing families and providers with greater clarity on how the Office of the Attorney General will enforce the law and how they can protect themselves against retribution for seeking or providing legally protected health care. I look forward to continuing our partnership with Attorney General James to ensure New York always remains a safe home for our trans community.”

“Shield Law 2.0 guarantees access to reproductive or gender-affirming care that enables people to have bodily autonomy and to live safely and fully as their authentic selves,” said Assemblymember Harry B. Bronson. “I thank Attorney General James for providing clear guidance and protections that clarify the provisions of this law to ensure that patients, their families, and healthcare providers remain safe from persecution and prosecution. These actions send a clear message that, under the guidance of Attorney General James, New York will not sacrifice healthcare rights, and will continue to do what’s right for families and individuals by fighting to maintain healthcare dignity and freedom for all.”

“At a time when access to reproductive and sexual healthcare is under relentless attack nationwide, New York must do everything in its power to protect patients and providers from politically motivated threats and intimidation,” said Robin Chappelle Golston, President and CEO of Planned Parenthood Empire State Acts. “New York’s Shield Law is a critical safeguard for those providing and accessing essential reproductive health care. We applaud Attorney General James for providing this important guidance to help ensure these protections are fully implemented and that New York remains committed to ensuring access to care.”

New York’s original Shield Law, passed in the wake of the U.S. Supreme Court decision in Dobbs v. Jackson, bars government entities from helping out-of-state efforts to penalize protected health care. In December 2025, Governor Hochul signed Shield Law 2.0, which extends protections to more providers, including therapists, speech pathologists, and other mental health practitioners. It also establishes processes governing the disclosure of protected health information. The guidance released today explains these new protections.

Who and what does the Shield Law protect?

The Shield Law covers a broad range of reproductive and gender-affirming health care that is legal in New York. The law protects people who receive, provide, and assist with it. That includes patients and their families, doctors, nurses, therapists and other health care professionals, clinic staff, and volunteers. It also includes people who help someone get to an appointment or pay for care, insurers, and attorneys who represent or advise patients and providers.

Under the Shield Law, patients and people managing their own care are protected wherever they are. Health care professionals and those helping patients are generally protected when they are physically in New York while providing care. The protections extend to telehealth, including medication abortion provided by a physician in New York.

Can protected health care be punished in New York?

No. State officials, law enforcement, and courts cannot enforce subpoenas, warrants, or extradition requests – or cooperate with any investigations or information requests – that seek to punish protected health care. New York courts cannot consider evidence that someone received or provided protected care as evidence against them, and parents and guardians cannot be punished for allowing their children to receive protected care.

Licensing boards cannot discipline providers for offering protected care or attorneys for representing people who provide or receive it. Professional-liability insurers cannot penalize medical professionals for providing protected care, including by raising rates or refusing to issue policies.

What does the Shield Law require New Yorkers to do if asked for covered information?

The Shield Law prohibits New Yorkers and New York companies from immediately handing over protected health information in response to a subpoena, investigative demand, or other request. Anyone who receives such a request must first:

• Confirm whether the request is about legally protected care or health information covered by the Shield Law;
• Get a sworn statement from the requestor affirming that the information will not be used to punish someone for legally protected health care;
• Notify the Office of the Attorney General (OAG) and make a reasonable effort to notify anyone whose information would be included; and
• Wait 30 calendar days after notification before turning over any information.

These steps alert people when someone is seeking their sensitive health information and give OAG an opportunity to determine whether disclosure is allowed under New York law. The guidance includes concrete examples of information that is and is not covered, along with tools to get more information from the requestor and meet the OAG notification requirement.

Are there any exceptions to the Shield Law’s disclosure requirements?

Yes. The Shield Law does not stop people from accessing their own health records or providers from accessing patient information for billing or treatment. A person or entity being investigated or prosecuted for providing protected care can request information needed for their defense, as long as they provide the required sworn statement. Exceptions also apply to certain government audits and grant-reporting requirements.

Importantly, the Shield Law does not prevent investigations into conduct that would itself violate New York law. If the request concerns protected health care, however, the recipient generally must still follow the notice and waiting-period requirements, unless another exception applies or a valid court order changes them.

Can people get in trouble for adhering to Shield Law requirements?

New Yorkers who follow these requirements are protected. A person or organization generally cannot be punished or held in contempt for delaying a response while complying with the Shield Law. Anyone who receives a covered request can also challenge it in court.

What happens if someone does not take the required disclosure steps?

Anyone who ignores the required steps or improperly shares protected information can face a $10,000 penalty. Lying in a sworn statement to circumvent the Shield Law carries a $15,000 penalty. The OAG also has the authority to take enforcement action for violations of the law or false affirmations. People targeted for providing or receiving protected care also have the right to sue those who try to punish them and, in certain circumstances, recover their costs and legal fees.

The OAG encourages New Yorkers with questions about whether a subpoena or information request is covered by the Shield Law to read the guidance carefully. If the request is covered, they should notify OAG and upload relevant documents at www.ag.ny.gov/shield-law-notice. Questions about the guidance can be directed to shield.law@ag.ny.gov.