A00361 Summary:

COSPNSRPaulin, Anderson, Aubry, Bichotte Hermelyn, Bronson, Burdick, Burgos, Carroll, Clark, Cruz, Cunningham, Davila, De Los Santos, Dinowitz, Epstein, Forrest, Gallagher, Gibbs, Glick, Hevesi, Jacobson, Jean-Pierre, Kelles, Kim, Lavine, Lunsford, Mamdani, Mitaynes, Otis, Rajkumar, Reyes, Rivera, Rosenthal L, Rozic, Seawright, Septimo, Simon, Tapia, Thiele, Walker, Weprin, Zinerman, Bores, Ardila, Simone, Shimsky, Raga, Shrestha, Solages, Lucas, Darling, Levenberg, Fahy, Lee, Sillitti, Dickens, Taylor, Sayegh
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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A00361 Actions:

01/06/2023referred to health
01/23/2023amend and recommit to health
01/23/2023print number 361a
05/19/2023amend and recommit to health
05/19/2023print number 361b
01/03/2024referred to health
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A00361 Committee Votes:

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A00361 Floor Votes:

There are no votes for this bill in this legislative session.
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A00361 Memo:

submitted in accordance with Assembly Rule III, Sec 1(f)
SPONSOR: Gonzalez-Rojas
  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 and includes legislative findings. 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 overturning the right to abortion care, New York must 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, 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. Since the SCOTUS decision, states have been restricting access to abortion, banning abortion in some parts of the country. Between navi- gating 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. As a result of the court decision, for 190,000 - 280,000 women living out-of-state, New York is 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 a necessary extension of the legislatures work to protect the right to abortion here in New York. 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 policies and funding that will increase access to care. Passing this bill is a necessary action to support indi- viduals 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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A00361 Text:

                STATE OF NEW YORK
                               2023-2024 Regular Sessions
                   IN ASSEMBLY
                                     January 6, 2023
        Introduced   by  M.  of  A.  GONZALEZ-ROJAS,  PAULIN,  ANDERSON,  AUBRY,
          and referred to the Committee on Health -- committee discharged,  bill
          amended,  ordered reprinted as amended and recommitted to said commit-
          tee --  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.  Article 25-A of the public health law is amended by adding
     2  a new section 2599-bb-1 to read as follows:
     3    § 2599-bb-1. Reproductive freedom and equity grant program. 1. As used
     4  in this section, the following terms shall have the following meanings:
     5    (a)  "Abortion"  shall  mean  the termination of pregnancy pursuant to
     6  section twenty-five hundred ninety-nine-bb of this article.
     7    (b) "Health care services" shall mean the range of care related to the
     8  provision of abortion.
     9    (c) "Practical support" shall  mean  direct  assistance  to  enable  a
    10  person  to obtain abortion care, including but not limited to ground and
    11  air transportation, lodging, meals, childcare, translation services, and
    12  doula support.
    13    (d) "Program" shall mean the reproductive  freedom  and  equity  grant
    14  program established pursuant to subdivision two of this section.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        A. 361--B                           2
     1    2.  There is hereby established in the department a reproductive free-
     2  dom and equity grant program to ensure access to abortion  care  in  the
     3  state.  The program shall provide funding to abortion providers and non-
     4  profit organizations that provide or facilitate access to abortion care.
     5  The  program  shall be designed to provide support to abortion providers
     6  and non-profit organizations to increase access to care, fund  uncompen-
     7  sated  care,  and  to address the support needs of individuals accessing
     8  abortion care.  Funding used to support the program shall be subject  to
     9  appropriation.
    10    3. The commissioner shall distribute funds made available for expendi-
    11  ture under this section. In determining funding for applicants under the
    12  grant  program,  the  commissioner shall consider the following criteria
    13  and goals:
    14    (a) Increase access to  care  by  growing  the  capacity  of  abortion
    15  providers to meet present and future care needs. Funds may be awarded to
    16  support  the  recruitment  and  retention  of staff, patient navigators,
    17  staff training, the establishment  of  new  or  renovation  of  existing
    18  health  centers,  investments in technology to facilitate care, security
    19  enhancements, and other  operational  or  capital  needs  that  increase
    20  access to abortion care.
    21    (b)  Fund  uncompensated health care services associated with abortion
    22  care, to ensure the affordability of and access to care for  individuals
    23  who  lack  ability  to  pay for care, for individuals who lack insurance
    24  coverage, are underinsured, or whose insurance is deemed unusable by the
    25  rendering provider.
    26    (c) Address practical support needs of individuals accessing  abortion
    27  care for individuals who lack ability to pay for such support.
    28    4.  In  establishing and operating the program, the commissioner shall
    29  consult a range of experts including but not limited to individuals  and
    30  entities providing abortion care, abortion funds and other organizations
    31  whose  mission  is  to  expand  access  to  abortion care, to ensure the
    32  program structure and expenditures reflect the needs of abortion provid-
    33  ers, abortion funds and consumers. The commissioner may make regulations
    34  necessary for implementing the program.
    35    5. The commissioner shall  not  request,  or  otherwise  require,  any
    36  abortion  provider  or non-profit organization receiving monies from the
    37  program to divulge the name, address, photograph, license number,  email
    38  address,  phone  number, or any other individual identifying information
    39  of any patient,  or  individual  who  sought  or  received  health  care
    40  services  or practical support from an abortion provider or organization
    41  under the program.
    42    6. Any non-profit organization or abortion  provider  receiving  funds
    43  from  the program shall take all necessary steps to ensure the confiden-
    44  tiality of the individuals receiving  services  pursuant  to  state  and
    45  federal laws.
    46    §  2. Severability clause. If any clause, sentence, paragraph, section
    47  or part of this act shall be adjudged by any court of  competent  juris-
    48  diction  to  be  invalid  and  after  exhaustion of all further judicial
    49  review, the judgment shall not affect, impair, or invalidate the remain-
    50  der thereof, but shall be confined  in  its  operation  to  the  clause,
    51  sentence,  paragraph,  section  or part of this act directly involved in
    52  the controversy in which the judgment shall have been rendered.
    53    § 3. This act shall take effect immediately.
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