New York Bill: S 9604

Bill Summary

NY S9604, sponsored by Senator Michelle Hinchey (D), proposes to amend New York public health law to grant broad liability protections to healthcare providers who administer vaccines. The bill shields providers from lawsuits except in cases of willful misconduct or gross negligence—a standard far higher than ordinary negligence. Protections apply to vaccines administered in compliance with state regulations, through outreach programs, or when mandated by state law, and extend to injuries resulting from the vaccine itself. Coverage extends across multiple healthcare settings including hospitals, home care agencies, and Article 28 facilities. Critically, this legislation applies specifically to vaccines approved by the State of New York—a category that may include vaccines NOT approved by the federal government. This protection framework creates a liability shield unique to vaccines, eliminating the legal accountability structure that applies to every other medical product.

Why It Matters to MAHA

MAHA fundamentally opposes S9604 because it represents an unprecedented assault on patient autonomy, informed consent, and constitutional rights to legal recourse. This bill must be understood in context: it is part of Governor Hochul's broader strategy to sever New York's relationship with federal health agencies (ACIP and FDA) and unilaterally develop a state-controlled vaccine schedule (A10711/S9895). By eliminating liability for state-approved vaccines—including those not approved by federal government—the bill shifts 100% of injury risk to patients while removing all financial incentive for providers to ensure informed consent or discuss risks.