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: A361B
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
STATE OF NEW YORK
________________________________________________________________________
361--B
2023-2024 Regular Sessions
IN ASSEMBLY
January 6, 2023
___________
Introduced by M. of A. GONZALEZ-ROJAS, PAULIN, 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,
L. ROSENTHAL, ROZIC, SEAWRIGHT, SEPTIMO, SIMON, TAPIA, THIELE, WALKER,
WEPRIN, ZINERMAN, BORES, ARDILA, SIMONE, SHIMSKY, RAGA, SHRESTHA,
SOLAGES, LUCAS, DARLING, LEVENBERG, FAHY, LEE, SILLITTI -- read once
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.
LBD02278-05-3
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.
