AG James Issues Guidance on Shield Law Protections

A new plain-language resource explains how New York's Shield Law protects legally protected health care and what to do if served with a subpoena.

Updated on Nov. 10, 2026 in Law

AG James Issues Guidance on Shield Law Protections

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New York Attorney General Letitia James released plain-language guidance on the state's Shield Law protections for patients, families, health care providers, attorneys, and businesses. The guidance outlines steps to take if served with a subpoena or other request for information about legally protected health care.

Why it matters

The original Shield Law was passed in the wake of the U.S. Supreme Court decision in Dobbs v. Jackson. Governor Kathy Hochul's signing of Shield Law 2.0 in December 2025 extended protections to additional providers and telehealth, and the guidance helps residents understand how those protections work in practice.

The guidance is a plain-language resource rather than a statute or rule, and it addresses procedures for responding to subpoenas and other information requests. Shield Law 2.0 establishes new processes governing the disclosure of protected health information, though the extraction does not detail those processes' specific requirements.

The players

Letitia James

Letitia James is the New York Attorney General who released the plain-language guidance on Shield Law protections.

Kathy Hochul

Kathy Hochul is the Governor of New York who signed Shield Law 2.0 into law in December 2025.

The details

Attorney General Letitia James's guidance explains the steps to take if served with a subpoena or request for information about legally protected health care. The original Shield Law bars government entities from helping out-of-state efforts to penalize protected health care that is legal in New York, while Shield Law 2.0 extends protections to therapists, speech pathologists, and other mental health practitioners, including telehealth services such as medication abortion provided by a New York physician.

Timeline

  1. December 2025: Governor Kathy Hochul signed Shield Law 2.0.

  2. November 9, 2026: Attorney General James released the new guidance on Monday.

Legal Context

New York's original Shield Law was passed after the U.S. Supreme Court's Dobbs v. Jackson decision, establishing state-level protections for reproductive and gender-affirming care. This guidance and Shield Law 2.0 build on that framework by extending coverage to mental health practitioners and telehealth.

Residents who receive a subpoena or information request about legally protected health care can use the guidance to identify their next steps. Patients using telehealth for medication abortion from New York physicians can review how Shield Law 2.0 covers those services.

The takeaway

Patients, providers, and businesses handling health information in New York should review the guidance before responding to any out-of-state subpoena. Understanding the disclosure processes in Shield Law 2.0 can help protect sensitive records.

Further reading

Explore more New York legal news for context on state statutes and court developments.

Source note: This article includes information reported by Brooklyn Eagle.

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