A10148 Summary:

SPONSORRules (Gonzalez-Rojas)
COSPNSRGottfried, Paulin, Cruz, Burgos, Quart, Gallagher, Seawright, Kelles, Tapia, Rosenthal L, Clark, Anderson, Rivera J, 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, Jacobson, Fernandez, Walker, Burdick, O'Donnell, Rivera JD, Reyes, De Los Santos, Gibbs, Rozic, Nolan, Rajkumar, Solages, Bronson, Cunningham, Kim
Add Art 25-A §2599-bb-1, Pub Health L
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.
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A10148 Actions:

05/04/2022referred to health
05/18/2022amend (t) and recommit to health
05/18/2022print number 10148a
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A10148 Committee Votes:

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A10148 Floor Votes:

There are no votes for this bill in this legislative session.
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A10148 Memo:

submitted in accordance with Assembly Rule III, Sec 1(f)
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
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A10148 Text:

                STATE OF NEW YORK
                   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.

        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.
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