2. No person or entity that is located, headquartered, or incorporated in New York state and receives, is served with, or is subject to a civil, criminal, or regulatory inquiry, investigation, subpoena, or summons for information regarding legally protected health activity shall comply with or provide information in response to such inquiry, investigation, subpoena, or summons unless:

1. (a) such inquiry, investigation, subpoena, or summons contains or is accompanied by an affirmation under penalty of perjury attesting that either:

   1. (i) it is not related to, and that any information obtained shall not be used in, any investigation or proceeding that seeks to impose civil or criminal liability, professional sanctions, or any other legal consequences upon a person or entity for any legally protected health activity; or
   2. (ii) it is related to such an investigation or proceeding, but falls within an exception provided in paragraph one of subdivision (g) of section three thousand one hundred nineteen of the civil practice law and rules, and identifies which exception applies to the information request;

2. (b) the person or entity receiving or subject to such inquiry, investigation, subpoena, or summons regarding legally protected health activity has:

   1. (i)

      1. (1) notified the attorney general within (A) five business days of receiving such inquiry, investigation, subpoena, or summons; or (B) five business days prior to any compliance with such inquiry, investigation, subpoena, or summons, whichever comes first; and
      2. (2) provided a copy of such inquiry, investigation, subpoena, or summons and any related materials to the attorney general, unless the person or entity seeking such information regarding legally protected health activity obtains an order providing otherwise that is enforceable in New York issued by a court of competent jurisdiction; and
   2. (ii) made reasonable attempts to notify the individual or individuals who provided, sought, received, facilitated, or otherwise engaged in such legally protected health activity to which such inquiry, investigation, subpoena, or summons pertains at least thirty days prior to providing any responsive information, unless the person or entity seeking such information regarding legally protected health activity obtains an order providing otherwise that is enforceable in New York issued by a court of competent jurisdiction; and
3. (c) a minimum of thirty days has passed since such person or entity notified the attorney general of such inquiry, investigation, subpoena, or summons pursuant to paragraph (b) of this subdivision; unless the person or entity seeking such information regarding legally protected health activity obtains an order providing otherwise that is enforceable in New York issued by a court of competent jurisdiction.

3. A person or entity who submits a false affirmation in violation of subdivision two of this section shall be subject to the jurisdiction of the courts of this state for any suit, penalties, or damages arising out of such false affirmation.

1. (a) The attorney general may commence an action or special proceeding for damages and/or penalties against any person or entity that submits a false affirmation in violation of subdivision two of this section.

   1. (i) The courts of this state shall assess a statutory penalty of fifteen thousand dollars per violation against any person or entity found to have intentionally, knowingly, willingly, or recklessly submitted a false affirmation. This shall be in addition to any other legal or equitable remedy lawfully available.
   2. (ii) Any action or special proceeding brought by the attorney general pursuant to this section shall be commenced within six years of the date on which the attorney general received notice of the inquiry, investigation, subpoena, or summons that such false affirmation accompanied.

4. The attorney general of this state may commence a civil action or special proceeding to enforce the provisions of this section, including but not limited to an application or motion for an order enjoining ongoing or future violations of this section.

1. (a) Any action or special proceeding brought by the attorney general pursuant to this section shall be commenced within six years of the date on which the attorney general received notice of the inquiry, investigation, subpoena, or summons at issue.
2. (b) Notwithstanding any contrary provision of law, the attorney general may seek all available legal and equitable remedies.
3. (c) The courts of this state shall assess a statutory penalty of ten thousand dollars per violation against any person or entity found to have intentionally, knowingly, willingly, or recklessly complied with an inquiry, investigation, subpoena, or summons regarding legally protected health activity in violation of this section. This shall be in addition to any other legal or equitable remedy lawfully available.

5. Any person or entity that is located, headquartered, or incorporated in New York state and receives, is served with, or is subject to a civil, criminal, or regulatory inquiry, investigation, subpoena, or summons for information regarding legally protected health activity may institute a civil action to obtain declaratory relief, or such other relief deemed necessary and proper by the court, stating that this section prohibits their compliance with the inquiry, investigation, subpoena, or summons.

1. (a) At or before the commencement of any action under this section, notice thereof and a copy of the commencing document and all supporting documents shall be served upon the attorney general.
2. (b) The attorney general is authorized to intervene in any such action brought pursuant to this section.
3. (c) If the person or entity initiating an action brought under this section prevails in such action, the court shall award reasonable costs and attorney's fees.
4. (d) Any action brought pursuant to this section shall be commenced within one year of the date on which the inquiry, investigation, subpoena, or summons at issue was received or served, whichever is later.