Establishes the reproductive freedom and equity program to ensure access to abortion care in the state by providing funding to abortion providers and non-profit organizations whose primary function is to facilitate access to abortion care.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A10148A
SPONSOR: Rules (Gonzalez-Roja TITLE OF BILL:
An act to amend the public health law, in relation to enacting the
reproductive freedom and equity program
PURPOSE OR GENERAL IDEA OF BILL:
Establish a grant program to provide funding to New York abortion
providers and non-profit organizations to increase access to abortion
care.
SUMMARY OF PROVISIONS:
Section 1 titles the bill the Reproductive Freedom and Equity Program.
Section 2 establishes legislative findings.
Section 3 amends Article 25-A of the public health law by adding new
title 1, Reproductive Freedom and Equity Program. Under this proposed
title 1, the bill 1. Defines terms; 2. Establishes a program within the
NYS Department of Health to provide the funding through grants;
3. Clarifies the purpose and goals of the program; 4. Requires the
department to consult experts in developing the program structure; and
Require confidentiality protections from both the state (5.) and the
grantees (6.).
Section 4 establishes that program funding will be appropriated by the
legislature and subsequent chapters. Department expenditures for this
program will be subject to the review and approval in the annual budget
process.
Section 5 is a severability clause.
Section 6 sets the law as effective in 60 days.
JUSTIFICATION:
With the Supreme Court poised to overturn or dramatically weaken federal
protections around the right to abortion care, New York must be prepared
to respond to the dramatically shifting national landscape of abortion
access. The Reproductive Freedom Equity Fund would create a mechanism to
drive grant funds to improve abortion access in New York. Under this
program, the NYS Department of Health would issue grant funding for
which abortion providers and non-profit organizations that facilitate
access to care are eligible to apply. Specifically, this funding would
support provider capacity building in the event Roe v. Wade is over-
turned, fund uncompensated care for those who lack coverage or for those
whose coverage is not usable and support the practical support needs for
individuals facing barriers to abortion care. The legislation will
establish this program, which will be funded through the budget process.
In recent years, states have continuously restricted access to abortion,
effectively banning abortion in some parts of the country. Between
navigating legal requirements and delays, affording the cost of care and
travel, and managing associated costs such as childcare, lodging, and
lost wages, abortion access in the U.S. is already in a perilous posi-
tion. Bans on abortion are clear displays of discrimination and systemic
racism, with the impacts of these actions harming Black, Indigenous, and
other people of color, people with disabilities, people in rural areas,
young people, undocumented people, and people having difficulty making
ends meet.
It is imperative that this bill pass this session. By the end of June
2022, the U.S. Supreme Court is poised to overturn Roe v. Wade, the 1973
case that acknowledged the constitutional right to an abortion. If Roe
falls, abortion access is expected to further erode in at least 26
states across the country. As a result, for 190,000 - 280,000 women
living out-of-state, New York would become their nearest location to an
abortion provider. Abortion is essential health care, a service that one
in four women of reproductive age will obtain in their lifetime. In
2019, New York affirmed the right of an individual to access abortion
care here in New York. However, we know, a right is meaningless if one
cannot exercise it. This legislation is an necessary extension of the
legislatures work to protect the right to abortion here in New York.
The SB 8 abortion ban in Texas foreshadows what we can expect to happen
across the country after the SCOTUS decision: politicians forcing people
to remain pregnant or forcing people to travel hundreds of miles and
cross state lines to access care, if they can afford to. As New Yorkers,
we cannot remain silent as our country violates the human rights of
pregnant people. Other states are meeting this moment and taking action
by advancing polices and funding that will increase access to care.
Passing this bill is a necessary action to support individuals seeking
abortion care as well as health care providers who do not have the
necessary resources to meet the current or future need for care. New
York must be a leader in the fight for abortion justice. By supporting
access to abortion, New York will be doing its part to ensure abortion
is affordable and available for everyone who needs it.
PRIOR LEGISLATIVE HISTORY:
New bill.
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
To be determined.
EFFECTIVE DATE:
60 days
STATE OF NEW YORK
________________________________________________________________________
10148--A
IN ASSEMBLY
May 4, 2022
___________
Introduced by COMMITTEE ON RULES -- (at request of M. of A. Gonzalez-Ro-
jas, Gottfried, Paulin, Cruz, Burgos, Quart, Gallagher, Seawright,
Kelles, Tapia, L. Rosenthal, Clark, Anderson, J. Rivera, Thiele,
Bichotte Hermelyn, Niou, Lunsford, Epstein, Otis, Mamdani, Forrest,
Weprin, Simon, Zinerman, Aubry, Septimo, Carroll, Cahill, Davila,
Hevesi, Glick, Jean-Pierre, Lavine, Mitaynes, Dinowitz, Galef, Jacob-
son, Fernandez) -- read once and referred to the Committee on Health
-- committee discharged, bill amended, ordered reprinted as amended
and recommitted to said committee
AN ACT to amend the public health law, in relation to enacting the
reproductive freedom and equity program
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Short title. This act shall be known and may be cited as
2 the "reproductive freedom and equity program".
3 § 2. Legislative findings. The legislature finds:
4 1. Abortion is essential health care and integral to the overall
5 health and wellbeing of individuals.
6 2. In 1970, New York legalized abortion, three years prior to the
7 Supreme Court decision in Roe v. Wade, which enumerated a constitutional
8 right to abortion care.
9 3. On January 22, 2019, the 36th anniversary of the Supreme Court
10 Decision Roe v. Wade, New York modernized our state law to be consistent
11 with the holdings of Roe v. Wade, articulating in that every individual
12 has a fundamental right to abortion.
13 4. Despite a constitutional and state right to abortion care, barriers
14 exist that challenge an individual's ability to exercise their right to
15 care.
16 5. Individuals seeking abortion care can often experience obstacles to
17 obtaining an abortion, whether that is an inability to afford the cost
18 of care, the distance one must travel, the costs associated with travel
19 including transportation needs, childcare, lodging, lost wages and more.
20 6. Barriers to care are often intensified for immigrants, young
21 people, people with disabilities and those living in rural areas.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD15645-02-2
A. 10148--A 2
1 7. If the United States Supreme Court overturns Roe v. Wade, access to
2 care across the country will dramatically shift with people in at least
3 26 states - 36,000,000 women and individuals with the capacity to become
4 pregnant - losing access to care.
5 8. It is estimated that in the wake of state bans on abortion across
6 the country, New York would be the nearest provider of care for 190,000
7 to 280,000 more women of reproductive age.
8 9. Abortion funds, abortion providers, and other community-based
9 organizations have provided essential support to individuals facing
10 practical support needs. These entities assist individuals seeking
11 abortion care including those living in New York, those traveling to New
12 York and those who must travel outside of New York for care.
13 10. With no direct state investment, safety-net abortion providers and
14 abortion funds predominately rely on philanthropic giving to address
15 unmet needs of abortion patients, challenging their ability to meet
16 present need, or any future increase demand for care.
17 11. New York has a proud legacy of protecting and expanding access to
18 comprehensive reproductive and sexual health care services, including
19 abortion.
20 12. In furtherance of that legacy, it is incumbent upon the state to
21 adopt bold and innovative programs and policies that protect and advance
22 reproductive freedom.
23 § 3. Article 25-A of the public health law is amended by adding a new
24 section 2599-bb-1 to read as follows:
25 § 2599-bb-1. Reproductive freedom and equity program. 1. As used in
26 this section, the following terms shall have the following meanings:
27 (a) "Abortion" shall mean the termination of pregnancy pursuant to
28 section twenty-five hundred ninety-nine-bb of this article.
29 (b) "Medical services" shall mean the range of care related to the
30 provision of abortion.
31 (c) "Practical support" shall mean direct assistance to enable a
32 person to obtain abortion care, including but not limited to ground and
33 air transportation, gas money, lodging, meals, childcare, translation
34 services, and doula support.
35 (d) "Program" shall mean the reproductive freedom and equity program.
36 2. There is hereby established in the department a reproductive free-
37 dom and equity program to ensure access to abortion care in the state.
38 Such program shall provide funding to abortion providers and non-profit
39 organizations whose primary function is to facilitate access to abortion
40 care. The program is designed to provide support to abortion providers
41 to increase access to care, fund uncompensated care, and to address the
42 support needs of individuals accessing abortion care.
43 3. The commissioner is authorized to distribute funds made available
44 for expenditure pursuant to this section. In determining funding for
45 applicants under the program, the commissioner shall consider the
46 following criteria and goals:
47 (a) Increase access to care by growing the capacity of abortion
48 providers to meet present and future care needs. Funds shall be awarded
49 to support the recruitment and retention of staff, patient navigators,
50 staff training, the establishment of new or renovation of existing
51 health centers, investments in technology to facilitate care, security
52 enhancements, and other operational needs that reflect the intention of
53 increasing access to abortion care.
54 (b) Fund uncompensated care, to ensure the affordability of and access
55 to care for anyone who seeks care in the state, regardless of their
56 ability to pay for care. Funds shall be awarded to abortion providers
A. 10148--A 3
1 and non-profit entities to support uncompensated costs of the medical
2 services associated with abortion care for individuals who lack insur-
3 ance coverage, are underinsured, or whose insurance is deemed unusable
4 by the rendering provider.
5 (c) Address practical support needs of individuals accessing abortion
6 care. Funds shall be awarded to non-profit entities providing practical
7 support to individuals within and traveling to the state.
8 4. In establishing and operating the program, the department shall
9 consult a range of experts including but not limited to individuals and
10 entities providing abortion care, abortion funds and other organizations
11 whose mission is to expand access to abortion care, to ensure the
12 program structure and expenditures are reflective of the needs of
13 abortion providers, abortion funds and consumers. The department shall
14 promulgate regulations necessary for implementation of the program.
15 5. The department shall not request, promulgate regulations to, or
16 otherwise require, any abortion provider or non-profit organization
17 receiving monies from the program to divulge the name, address, photo-
18 graph, license number, email address, phone number, or any other
19 personally identifying information of any patient, or individual who
20 sought or received practical support from such provider or organization,
21 in conjunction with the funding provided pursuant to this section.
22 6. Any non-profit organization or provider receiving funds from the
23 program shall take all necessary steps to ensure the confidentiality of
24 the individuals receiving services pursuant to state and federal laws.
25 § 4. Funding used to support the program shall be pursuant to funds
26 appropriated by the legislature and pursuant to subsequent chapters of
27 law. Such funding shall also be used to support the cost of administer-
28 ing the program and for any other purpose authorized by this act. The
29 level of expenditure by the department for the administrative support of
30 the program created pursuant to this act shall be subject to review and
31 approval annually through the state budget process.
32 § 5. Severability clause. If any provision of this act, or any appli-
33 cation of any provision of this act, is held to be invalid, or to
34 violate or be inconsistent with any federal law or regulation, that
35 shall not affect the validity or effectiveness of any other provision of
36 this act, or of any other application of any provision of this act,
37 which can be given effect without that provision or application; and to
38 that end, the provisions and applications of this act are severable.
39 § 6. This act shall take effect on the sixtieth day after it shall
40 have become a law. Effective immediately, the addition, amendment and/or
41 repeal of any rule or regulation necessary for the implementation of
42 this act on its effective date are authorized to be made and completed
43 on or before such effective date.
