Buffalo News: Another Voice: New York's liability expansion legislation threatens access for all

By: Christine Herde

As I wrap up a day of clinical care, I feel fortunate to live in a state like New York that allows my patients access to comprehensive reproductive health care. And yet, I am fearful. Will OB-GYNs’ ability to offer this care be put in jeopardy? Even here in New York? Maybe.

In June, the New York State Legislature passed a bill (A.6770/S.74-A) that, if signed into law by Governor Kathy Hochul, will make it riskier and more difficult for OB-GYNs to practice in New York. This will be detrimental to our communities and create new barriers for those seeking access to critical reproductive health care.

New York already has one of the most onerous medical liability environments in the country and OB-GYNs in this state pay some of the highest insurance premiums. It is estimated if the bill under consideration is signed into law, OB-GYNs’ medical liability premiums would increase by 40% to 45%. In some counties that would mean an added cost of $50,000 or more – making it difficult for OB-GYNs to remain in practice.

Certainly, this proposal was passed with the best of intentions, but without additional provisions to bring balance to the system and to reduce liability exposure and costs, this legislation will have negative consequences for access to maternity and reproductive health care. In states where similar proposals have been enacted, lawmakers included systemic reform measures and enhanced courtroom standards for expert evidence.

I applaud Gov. Kathy Hochul and the legislature for working to enact policies and secure funding to further ensure access to reproductive health care, including abortion in New York State. The Empire State has solidified itself as an access state for abortion care and I am proud of that. But if A.6770/S.74-A were enacted without comprehensive reform to reduce liability exposure and costs, our efforts to expand access to reproductive health care may be thwarted.

My colleagues and I are already exhausted from the pandemic and its lingering effects. As a result, we are left with extreme staffing shortages, physicians retiring early and burnout. New legislation to expand our liability exposure and stress would be demoralizing to the physician workforce and harmful to our patients.

I am hopeful that our leaders can understand my perspective and recognize that New York needs comprehensive liability reform, not piecemeal legislation that threatens to upend our efforts to provide the highest quality health care for all New Yorkers. I urge the governor to veto this legislation and hope she instead partners with the medical community on reforms that will ensure access to patient-centered care.

Christine Herde, MD, FACOG, is a board certified OB-GYN and Chair at the American College of Obstetricians and Gynecologists, District II.