A05499 Summary:

BILL NOA05499
 
SAME ASSAME AS S00470
 
SPONSORGlick
 
COSPNSRSimon, Gottfried, Griffin, Rosenthal L, Epstein, Otis, Rozic, Lupardo, Clark, Barron, Magnarelli, Jacobson, Dinowitz, Gonzalez-Rojas, Carroll, Bichotte Hermelyn, Mitaynes, Quart, Aubry, Cruz, Seawright, Lavine, Mamdani, Kelles, Forrest, Jackson
 
MLTSPNSR
 
 
Authorizes the commissioner of health to conduct a study and issue a report examining the unmet health and resource needs facing pregnant women in New York and the impact of limited service pregnancy centers on the ability of women to obtain accurate, non-coercive health care information and timely access to a comprehensive range of reproductive and sexual health care services.
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A05499 Actions:

BILL NOA05499
 
02/19/2021referred to health
04/19/2021reported referred to ways and means
05/26/2021reported referred to rules
06/02/2021reported
06/02/2021rules report cal.329
06/02/2021ordered to third reading rules cal.329
01/05/2022ordered to third reading cal.174
04/04/2022passed assembly
04/04/2022delivered to senate
04/04/2022REFERRED TO WOMEN'S ISSUES
05/31/2022SUBSTITUTED FOR S470
05/31/20223RD READING CAL.1620
05/31/2022PASSED SENATE
05/31/2022RETURNED TO ASSEMBLY
06/13/2022delivered to governor
06/13/2022signed chap.217
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A05499 Committee Votes:

HEALTH Chair:Gottfried DATE:04/19/2021AYE/NAY:19/7 Action: Favorable refer to committee Ways and Means
GottfriedAyeByrneNay
GalefAyeMcDonoughNay
DinowitzAyeByrnesNay
CahillAyeAshbyNay
PaulinAyeMillerNay
CymbrowitzAyeSalkaNay
GuntherAyeJensenNay
Rosenthal L Aye
HevesiAye
SteckAye
AbinantiAye
BraunsteinAye
SolagesAye
BichotteAye
BarronAye
SayeghAye
Rosenthal D Aye
McDonaldAye
ReyesAye

WAYS AND MEANS Chair:Weinstein DATE:05/26/2021AYE/NAY:24/10 Action: Favorable refer to committee Rules
WeinsteinAyeRaNay
GlickAyeFitzpatrickNay
NolanExcusedHawleyNay
PretlowAyeMontesanoNay
PerryAyeBlankenbushNay
ColtonAyeNorrisNay
CookAyeBrabenecNay
CahillAyePalmesanoNay
AubryAyeByrneNay
CusickAyeAshbyNay
BenedettoAye
WeprinAye
RodriguezAye
RamosAye
BraunsteinAye
McDonaldAye
RozicAye
DinowitzAye
JoynerAye
MagnarelliAye
ZebrowskiAye
BronsonAye
DilanAye
SeawrightAye
HyndmanAye

RULES Chair:Heastie DATE:06/02/2021AYE/NAY:22/8 Action: Favorable
HeastieAyeBarclayNay
GottfriedAyeHawleyNay
NolanExcusedGiglioNay
WeinsteinAyeBlankenbushNay
PretlowAyeNorrisNay
CookAyeMontesanoNay
GlickAyeRaNay
AubryAyeBrabenecNay
EnglebrightAye
DinowitzAye
ColtonAye
MagnarelliAye
PerryAye
PaulinAye
Peoples-StokesAye
BenedettoAye
LavineAye
LupardoAye
ZebrowskiAye
ThieleAye
BraunsteinAye
DickensAye
DavilaAye

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A05499 Floor Votes:

DATE:04/04/2022Assembly Vote  YEA/NAY: 101/45
AbbateYColtonYFrontusYKimYPalmesanoNOSmithNO
AbinantiYConradYGalefYLalorNOPaulinYSmullenNO
AndersonYCookYGallagherYLavineYPeoples-StokesYSolagesY
AngelinoNOCruzYGallahanNOLawlerNOPheffer AmatoYSteckY
AshbyNOCunninghamYGandolfoNOLemondesNOPretlowYSternY
AubryYCusickYGibbsYLucasYQuartYStirpeY
BarclayNOCymbrowitzYGiglio JANOLunsfordYRaNOTagueNO
BarnwellNODarlingYGiglio JMNOLupardoYRajkumarYTannousisNO
BarrettYDavilaYGlickYMagnarelliYRamosYTapiaY
BenedettoYDe Los SantosYGonzalez-RojasYMamdaniYReillyNOTaylorY
BichotteYDeStefanoNOGoodellNOManktelowNOReyesYThieleY
BlankenbushNODickensYGottfriedYMcDonaldYRivera J YVanelY
BrabenecNODilanYGriffinYMcDonoughNORivera JDYWalczykNO
BraunsteinYDinowitzYGuntherYMcMahonYRosenthal D YWalkerY
BronsonYDiPietroNOHawleyNOMeeksYRosenthal L YWallaceY
BrownNODursoNOHevesiYMikulinNORozicYWalshNO
BurdickYEichensteinNOHunterYMillerNOSalkaNOWeinsteinY
BurgosYEnglebrightYHyndmanYMitaynesYSantabarbaraNOWeprinY
BurkeYEpsteinYJacksonYMontesanoYSayeghERWilliamsY
ButtenschonNOFahyYJacobsonYMorinelloNOSchmittNOWoernerY
ByrneNOFallYJean-PierreYNiouYSeawrightYZebrowskiY
ByrnesNOFernandezYJensenNONolanERSeptimoYZinermanY
CahillYFitzpatrickNOJonesYNorrisNOSillittiYMr. SpeakerY
CarrollYForrestYJoynerYO'DonnellYSimonY
ClarkYFriendNOKellesYOtisYSimpsonNO

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A05499 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A5499
 
SPONSOR: Glick
  TITLE OF BILL: An act authorizing the commissioner of health to conduct a study and issue a report examining the unmet health and resource needs facing pregnant women in New York and the impact of limited service pregnancy centers on the ability of women to obtain accurate, non-coercive health care information and timely access to a comprehensive range of reproduc- tive and sexual health care services   PURPOSE OR GENERAL IDEA OF BILL: Authorizes the Commissioner of Health to conduct a study and issue a report examining the unmet health and resource needs facing pregnant women in New York and the impact of limited services pregnancy centers on the ability of women to obtain accurate, non-coercive health care information and timely access to a comprehensive range of reproductive and sexual health care services in alignment with their health care needs and that supports personal decision-making.   SUMMARY OF PROVISIONS: Section 1: Defines "limited services pregnancy center." Section 2: Authorization of study and study scope. Section 3: Study timeline and taskforce structure. The study will commence no later than six months following the effective date of this act. Section 4: Effective Date.   JUSTIFICATION: Decisions about pregnancy are time sensitive - whether a woman chooses to continue her pregnancy and needs prenatal care or wants to end her pregnancy and needs an abortion. If a woman becomes pregnant and chooses to continue the pregnancy, having a healthy pregnancy is critical both to her health and to ensuring positive pregnancy outcomes. The federal Centers for Disease Control and Prevention urges that comprehensive prenatal care begins as soon as a woman decides to become pregnant. Like prenatal care, delayed access to abortion and emergency contraception poses a threat to public health. Abortion is one of the safest health care procedures, but delays in accessing abortion increase the risk of complications, as well as financial burdens, and may elimi- nate a women's ability to obtain care altogether, severely limiting her reproductive health options. New York State has prioritized improving access to adequate and early prenatal care, timely abortion care, and emergency contraception, as well as, and in connection to, reducing maternal mortality and morbidity rates and disparities. To that end, identifying gaps in health care and unmet resource and pregnancy-support needs, in particular for low-income communities, is critical to achieving optimal health outcomes for women who are or may be pregnant. In New York there exist unlicensed entities that offer limited pregnancy-related services, such as pregnancy tests or ultrasonography, run by organizations that have the core goal of persuading pregnant women and teens to choose to continue the pregnancy. Research by the Government Accountability Office and by advocacy organ- izations in many states, including New York, have documented that some such entities engage in misleading or deceptive practices. Some of these practices include providing inaccurate medical information, promising monetary support, or imitating reproductive health clinics so as to lead women to believe they are either receiving comprehensive counseling on their options or are in fact in a licensed facility that provides or refers for comprehensive reproductive health care services. In past studies, some of these entities provide inaccurate, misleading, or stig- matizing information about abortion and contraception, or even about a woman's own health status or pregnancy. The State of New York respects the right of individuals to express and promote their opinions and beliefs, including those on pregnancy and abortion. In addition, the legislature also finds that the State has a strong interest in ensuring that individuals seeking medical care and pregnancy-related services are able to find these services seamlessly without interference or coercion. Meeting the health and resource needs of pregnant women, as well as the potential negative impact of certain practices by unlicensed facilities that offer limited pregnancy services, are matters of state concern and understanding those practices, how to address any resulting harms, and how to support pregnant women's unfulfilled health care and resource needs are important exercises of the legislature's constitutional mandate to protect the public health.   PRIOR LEGISLATIVE HISTORY: 2020 - Passed Assembly 2019 - Ordered to Third Reading   FISCAL IMPLICATIONS: To be determined.   EFFECTIVE DATE: This act shall take effect immediately.
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A05499 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          5499
 
                               2021-2022 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 19, 2021
                                       ___________
 
        Introduced  by  M. of A. GLICK, SIMON, GOTTFRIED, GRIFFIN, L. ROSENTHAL,
          EPSTEIN, OTIS, ROZIC, LUPARDO -- read once and referred to the Commit-
          tee on Health
 
        AN ACT authorizing the commissioner of health to  conduct  a  study  and
          issue  a  report  examining the unmet health and resource needs facing
          pregnant women in New York and the impact of limited service pregnancy
          centers on the ability  of  women  to  obtain  accurate,  non-coercive
          health  care information and timely access to a comprehensive range of
          reproductive and sexual health care services
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.   Definition. As used in this act, "limited services preg-
     2  nancy center" means a facility or entity, including a  mobile  facility,
     3  the  primary  purpose of which is to provide services to clients who are
     4  or may be pregnant, that:
     5    1. (a) is not a health care facility licensed by the state of New York
     6  under article 28 of the public health law or articles 31 and 32  of  the
     7  mental hygiene law; or
     8    (b)  is  not  providing  services under the direction of a health care
     9  provider licensed under title 8 of the education law who is acting with-
    10  in his or her scope of practice; and
    11    2. fails to provide or refer  for  the  full  range  of  comprehensive
    12  reproductive  and  sexual  health  care  services  reimbursed  under the
    13  state's Medicaid program including, but not  limited  to  contraception,
    14  testing and treatment of sexually transmitted infections, abortion care,
    15  and prenatal care.
    16    §  2.  Authorization  of study and study scope. 1. The commissioner of
    17  health  (hereinafter  "the  commissioner")  is  hereby  authorized   and
    18  directed  to  conduct  a  study  and  issue a report examining the unmet
    19  health and resource needs facing pregnant women  in  New  York  and  the
    20  impact  of  limited service pregnancy centers on the ability of women to
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02570-01-1

        A. 5499                             2
 
     1  obtain accurate, non-coercive health care information and timely  access
     2  to a comprehensive range of reproductive and sexual health care services
     3  in  alignment  with  their  health care needs and that supports personal
     4  decision-making.
     5    2.  The commissioner may request, and shall receive upon request, data
     6  and information from such entities and other relevant  sources  to  meet
     7  the  purposes  of  the  study. This information shall include but not be
     8  limited to:
     9    (a) what state and/or federal funds or tax or other subsidies, if any,
    10  are directly  or  indirectly  allocated  to  limited  service  pregnancy
    11  centers  in  the state and the names and locations of such organizations
    12  receiving government funding;
    13    (b) whether the limited service pregnancy centers  in  the  state  are
    14  part of larger umbrella organizations that operate limited service preg-
    15  nancy  centers  across  the  country,  and if so, whether those umbrella
    16  organizations receive state and/or federal funding;
    17    (c) the services provided by limited  service  pregnancy  centers  and
    18  what  services  are  most frequently sought at limited service pregnancy
    19  centers;
    20    (d) the number of women who access services at limited  service  preg-
    21  nancy  centers, the geographic regions in which each woman accessing the
    22  services of these centers resides, the distance to the nearest  licensed
    23  medical  facility  providing these services, the prices charged for such
    24  services, and  the  basic  demographic  information  about  each  woman,
    25  including  race,  age, and marital status. Basic demographic information
    26  included in any report shall be published in the aggregate so that it is
    27  impossible to identify any particular individual;
    28    (e) whether pregnancy centers  hold  themselves  out  to  the  public,
    29  either  in  person, through community participation or events or through
    30  their advertising or websites, as  medical  facilities  or  entities  in
    31  which comprehensive, all-options pregnancy counseling is provided;
    32    (f)  whether  women  seeking  or accessing services at limited service
    33  pregnancy  centers  are  seeking  comprehensive  options  counseling  or
    34  services  at  medical  facilities  and  whether women have experienced a
    35  delay in receiving health care, including abortion or the initiation  of
    36  prenatal care, due to a visit to a limited service pregnancy center;
    37    (g)  whether  limited  service  pregnancy  centers enroll women in any
    38  public benefits programs or connect women to other services, and if  so,
    39  which services limited service pregnancy centers connect women to;
    40    (h) the nature of information given to clients or potential clients at
    41  pregnancy  centers  and the nature of limited service pregnancy centers'
    42  operational manuals,  handbooks  or  guidelines  in  connection  to  the
    43  provision of services to clients;
    44    (i)  the  number  of state-certified medical professionals on staff or
    45  volunteering at limited service pregnancy centers and the number who are
    46  providing medical services or counseling on site during regular business
    47  hours at limited service pregnancy centers and whether pregnancy centers
    48  inform women whether or not they have any medical professionals  on  the
    49  premises, on staff, or in a volunteer capacity; and
    50    (j) whether limited service pregnancy centers collect medical informa-
    51  tion  and  what  other information is collected upon intake, how limited
    52  service pregnancy centers handle medical and other client  records,  and
    53  whether  the  medical  records  are in compliance with federal and state
    54  requirements governing medical privacy.
    55    § 3. Study timeline and taskforce structure. The study  will  commence
    56  no  later  than six months following the effective date of this act. The

        A. 5499                             3
 
     1  commissioner shall establish a temporary taskforce of  nine  members  to
     2  support  the  department  of health in the development of the study, the
     3  review of the findings and the establishment of specific recommendations
     4  for  solutions  to  address  any  service gaps or negative impact in the
     5  state identified through the study. The taskforce  shall  have  adequate
     6  geographical  representation  and include but not necessarily be limited
     7  to: a representative of the division of consumer protection; a member of
     8  the New York state department of health  advisory  council  on  maternal
     9  mortality  and  morbidity; a member of American college of obstetricians
    10  and gynecologists whose practice includes the provision of all pregnancy
    11  related care, including birth and termination of pregnancy; an  individ-
    12  ual  with  professional experience in the fields of reproductive rights,
    13  health and/or justice; a member with professional experience and  exper-
    14  tise  in  the first amendment and free speech rights; and a staff member
    15  from the Bureau Of Social Justice within the  office  of  the  New  York
    16  state  attorney  general.  The  taskforce shall be appointed as follows:
    17  three members to be appointed by  the  governor;  three  members  to  be
    18  appointed by the temporary president of the senate; and three members to
    19  be  appointed  by  the  speaker  of the assembly. The commissioner shall
    20  issue a report to the governor and  the  legislature,  and  publish  the
    21  report  on its public website, containing the findings and policy recom-
    22  mendations no later than eighteen months following the effective date of
    23  this act. The report may include de-identified  patient  information  in
    24  the  aggregate,  but  shall not include personally identifiable informa-
    25  tion.
    26    § 4. This act shall take effect immediately.
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A05499 LFIN:

 NO LFIN
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