NY State Assembly Bill 2023-A361A

Current Bill Status - In Assembly Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to health
May 19, 2023	print number 361b
May 19, 2023	amend and recommit to health
Jan 23, 2023	print number 361a
Jan 23, 2023	amend and recommit to health
Jan 06, 2023	referred to health

Bill Amendments

Original

B (Active)

co-Sponsors

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2023-A361 - Details

See Senate Version of this Bill:: S348
Current Committee:: Assembly Health
Law Section:: Public Health Law
Laws Affected:: Add Art 25-A §2599-bb-1, Pub Health L
Versions Introduced in 2021-2022 Legislative Session:: A10148, S9078

2023-A361 - Summary

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.

2023-A361 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    361
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              January 6, 2023
                                ___________
 
 Introduced  by M. of A. GONZALEZ-ROJAS, ANDERSON, AUBRY, BICHOTTE HERME-
   LYN, BRONSON, BURDICK, BURGOS, CARROLL, CLARK, CRUZ, CUNNINGHAM, DAVI-
   LA,  DE LOS SANTOS,  DINOWITZ,  EPSTEIN,  FORREST,  GALLAGHER,  GIBBS,
   GLICK,  HEVESI,  JACOBSON, JEAN-PIERRE, KELLES, KIM, LAVINE, LUNSFORD,
   MAMDANI, MITAYNES, OTIS, PAULIN, RAJKUMAR,  REYES,  RIVERA,  L. ROSEN-
   THAL, ROZIC, SEAWRIGHT, SEPTIMO, SIMON, TAPIA, THIELE, WALKER, WEPRIN,
   ZINERMAN -- read once and referred to the Committee on Health
 
 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:
 
   Section  1.  Short  title. This act shall be known and may be cited as
 the "reproductive freedom and equity program".
   § 2. Legislative findings. The legislature finds:
   1. Abortion is essential health  care  and  integral  to  the  overall
 health and wellbeing of individuals.
   2.  In  1970,  New  York  legalized abortion, three years prior to the
 Supreme Court decision in Roe v. Wade, which enumerated a constitutional
 right to abortion care.
   3. On January 22, 2019, the 36th  anniversary  of  the  Supreme  Court
 Decision Roe v. Wade, New York modernized our state law to be consistent
 with  the holdings of Roe v. Wade, articulating in that every individual
 has a fundamental right to abortion.
   4. Despite a constitutional and state right to abortion care, barriers
 exist that challenge an individual's ability to exercise their right  to
 care.
   5. Individuals seeking abortion care can often experience obstacles to
 obtaining  an  abortion, whether that is an inability to afford the cost
 of care, the distance one must travel, the costs associated with  travel
 including transportation needs, childcare, lodging, lost wages and more.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02278-01-3
 A. 361                              2

 
   6.  Barriers  to  care  are  often  intensified  for immigrants, young
 people, people with disabilities and those living in rural areas.
   7. If the United States Supreme Court overturns Roe v. Wade, access to
 care  across the country will dramatically shift with people in at least
 26 states - 36,000,000 women and individuals with the capacity to become
 pregnant - losing access to care.
   8. It is estimated that in the wake of state bans on  abortion  across
 the  country, New York would be the nearest provider of care for 190,000
 to 280,000 more women of reproductive age.
   9. Abortion  funds,  abortion  providers,  and  other  community-based
 organizations  have  provided  essential  support  to individuals facing
 practical support  needs.  These  entities  assist  individuals  seeking
 abortion care including those living in New York, those traveling to New
 York and those who must travel outside of New York for care.
   10. With no direct state investment, safety-net abortion providers and
 abortion  funds  predominately  rely  on philanthropic giving to address
 unmet needs of abortion patients,  challenging  their  ability  to  meet
 present need, or any future increase demand for care.
   11.  New York has a proud legacy of protecting and expanding access to
 comprehensive reproductive and sexual health  care  services,  including
 abortion.
   12.  In  furtherance of that legacy, it is incumbent upon the state to
 adopt bold and innovative programs and policies that protect and advance
 reproductive freedom.
   § 3. Article 25-A of the public health law is amended by adding a  new
 section 2599-bb-1 to read as follows:
   §  2599-BB-1.  REPRODUCTIVE  FREEDOM AND EQUITY PROGRAM. 1. AS USED IN
 THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A) "ABORTION" SHALL MEAN THE TERMINATION  OF  PREGNANCY  PURSUANT  TO
 SECTION TWENTY-FIVE HUNDRED NINETY-NINE-BB OF THIS ARTICLE.
   (B)  "MEDICAL  SERVICES"  SHALL  MEAN THE RANGE OF CARE RELATED TO THE
 PROVISION OF ABORTION.
   (C) "PRACTICAL SUPPORT" SHALL  MEAN  DIRECT  ASSISTANCE  TO  ENABLE  A
 PERSON  TO OBTAIN ABORTION CARE, INCLUDING BUT NOT LIMITED TO GROUND AND
 AIR TRANSPORTATION, GAS MONEY, LODGING,  MEALS,  CHILDCARE,  TRANSLATION
 SERVICES, AND DOULA SUPPORT.
   (D) "PROGRAM" SHALL MEAN THE REPRODUCTIVE FREEDOM AND EQUITY PROGRAM.
   2.  THERE IS HEREBY ESTABLISHED IN THE DEPARTMENT A REPRODUCTIVE FREE-
 DOM AND EQUITY PROGRAM TO ENSURE ACCESS TO ABORTION CARE IN  THE  STATE.
 SUCH  PROGRAM SHALL PROVIDE FUNDING TO ABORTION PROVIDERS AND NON-PROFIT
 ORGANIZATIONS WHOSE PRIMARY FUNCTION IS TO FACILITATE ACCESS TO ABORTION
 CARE. THE PROGRAM IS DESIGNED TO PROVIDE SUPPORT TO  ABORTION  PROVIDERS
 TO  INCREASE ACCESS TO CARE, FUND UNCOMPENSATED CARE, AND TO ADDRESS THE
 SUPPORT NEEDS OF INDIVIDUALS ACCESSING ABORTION CARE.
   3. THE COMMISSIONER IS AUTHORIZED TO DISTRIBUTE FUNDS  MADE  AVAILABLE
 FOR  EXPENDITURE  PURSUANT  TO  THIS SECTION. IN DETERMINING FUNDING FOR
 APPLICANTS UNDER  THE  PROGRAM,  THE  COMMISSIONER  SHALL  CONSIDER  THE
 FOLLOWING CRITERIA AND GOALS:
   (A)  INCREASE  ACCESS  TO  CARE  BY  GROWING  THE CAPACITY OF ABORTION
 PROVIDERS TO MEET PRESENT AND FUTURE CARE NEEDS. FUNDS SHALL BE  AWARDED
 TO  SUPPORT  THE RECRUITMENT AND RETENTION OF STAFF, PATIENT NAVIGATORS,
 STAFF TRAINING, THE ESTABLISHMENT  OF  NEW  OR  RENOVATION  OF  EXISTING
 HEALTH  CENTERS,  INVESTMENTS IN TECHNOLOGY TO FACILITATE CARE, SECURITY
 ENHANCEMENTS, AND OTHER OPERATIONAL NEEDS THAT REFLECT THE INTENTION  OF
 INCREASING ACCESS TO ABORTION CARE.
 A. 361                              3
 
   (B) FUND UNCOMPENSATED CARE, TO ENSURE THE AFFORDABILITY OF AND ACCESS
 TO  CARE  FOR  ANYONE  WHO  SEEKS CARE IN THE STATE, REGARDLESS OF THEIR
 ABILITY TO PAY FOR CARE. FUNDS SHALL BE AWARDED  TO  ABORTION  PROVIDERS
 AND  NON-PROFIT  ENTITIES  TO SUPPORT UNCOMPENSATED COSTS OF THE MEDICAL
 SERVICES  ASSOCIATED  WITH ABORTION CARE FOR INDIVIDUALS WHO LACK INSUR-
 ANCE COVERAGE, ARE UNDERINSURED, OR WHOSE INSURANCE IS  DEEMED  UNUSABLE
 BY THE RENDERING PROVIDER.
   (C)  ADDRESS PRACTICAL SUPPORT NEEDS OF INDIVIDUALS ACCESSING ABORTION
 CARE. FUNDS SHALL BE AWARDED TO NON-PROFIT ENTITIES PROVIDING  PRACTICAL
 SUPPORT TO INDIVIDUALS WITHIN AND TRAVELING TO THE STATE.
   4.  IN  ESTABLISHING  AND  OPERATING THE PROGRAM, THE DEPARTMENT SHALL
 CONSULT A RANGE OF EXPERTS INCLUDING BUT NOT LIMITED TO INDIVIDUALS  AND
 ENTITIES PROVIDING ABORTION CARE, ABORTION FUNDS AND OTHER ORGANIZATIONS
 WHOSE  MISSION  IS  TO  EXPAND  ACCESS  TO  ABORTION CARE, TO ENSURE THE
 PROGRAM STRUCTURE AND  EXPENDITURES  ARE  REFLECTIVE  OF  THE  NEEDS  OF
 ABORTION  PROVIDERS,  ABORTION FUNDS AND CONSUMERS. THE DEPARTMENT SHALL
 PROMULGATE REGULATIONS NECESSARY FOR IMPLEMENTATION OF THE PROGRAM.
   5. THE DEPARTMENT SHALL NOT REQUEST,  PROMULGATE  REGULATIONS  TO,  OR
 OTHERWISE  REQUIRE,  ANY  ABORTION  PROVIDER  OR NON-PROFIT ORGANIZATION
 RECEIVING MONIES FROM THE PROGRAM TO DIVULGE THE NAME,  ADDRESS,  PHOTO-
 GRAPH,  LICENSE  NUMBER,  EMAIL  ADDRESS,  PHONE  NUMBER,  OR  ANY OTHER
 PERSONALLY IDENTIFYING INFORMATION OF ANY  PATIENT,  OR  INDIVIDUAL  WHO
 SOUGHT OR RECEIVED PRACTICAL SUPPORT FROM SUCH PROVIDER OR ORGANIZATION,
 IN CONJUNCTION WITH THE FUNDING PROVIDED PURSUANT TO THIS SECTION.
   6.  ANY  NON-PROFIT  ORGANIZATION OR PROVIDER RECEIVING FUNDS FROM THE
 PROGRAM SHALL TAKE ALL NECESSARY STEPS TO ENSURE THE CONFIDENTIALITY  OF
 THE INDIVIDUALS RECEIVING SERVICES PURSUANT TO STATE AND FEDERAL LAWS.
   §  4.  Funding  used to support the program shall be pursuant to funds
 appropriated by the legislature and pursuant to subsequent  chapters  of
 law.  Such funding shall also be used to support the cost of administer-
 ing the program and for any other purpose authorized by  this  act.  The
 level of expenditure by the department for the administrative support of
 the  program created pursuant to this act shall be subject to review and
 approval annually through the state budget process.
   § 5. Severability clause. If any provision of this act, or any  appli-
 cation  of  any  provision  of  this  act,  is held to be invalid, or to
 violate or be inconsistent with any  federal  law  or  regulation,  that
 shall not affect the validity or effectiveness of any other provision of
 this  act,  or  of  any  other application of any provision of this act,
 which can be given effect without that provision or application; and  to
 that end, the provisions and applications of this act are severable.
   §  6.  This  act  shall take effect on the sixtieth day after it shall
 have become a law. Effective immediately, the addition, amendment and/or
 repeal of any rule or regulation necessary  for  the  implementation  of
 this  act  on its effective date are authorized to be made and completed
 on or before such effective date.

co-Sponsors

View additional co-sponsors

2023-A361A - Details

See Senate Version of this Bill:: S348
Current Committee:: Assembly Health
Law Section:: Public Health Law
Laws Affected:: Add Art 25-A §2599-bb-1, Pub Health L
Versions Introduced in 2021-2022 Legislative Session:: A10148, S9078

2023-A361A - Summary

2023-A361A - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  361--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              January 6, 2023
                                ___________
 
 Introduced  by M. of A. GONZALEZ-ROJAS, ANDERSON, AUBRY, BICHOTTE HERME-
   LYN, BRONSON, BURDICK, BURGOS, CARROLL, CLARK, CRUZ, CUNNINGHAM, DAVI-
   LA,  DE LOS SANTOS,  DINOWITZ,  EPSTEIN,  FORREST,  GALLAGHER,  GIBBS,
   GLICK,  HEVESI,  JACOBSON, JEAN-PIERRE, KELLES, KIM, LAVINE, LUNSFORD,
   MAMDANI, MITAYNES, OTIS, PAULIN, RAJKUMAR,  REYES,  RIVERA,  L. ROSEN-
   THAL, ROZIC, SEAWRIGHT, SEPTIMO, SIMON, TAPIA, THIELE, WALKER, WEPRIN,
   ZINERMAN,  BORES,  ARDILA, SIMONE, SHIMSKY, RAGA, SHRESTHA, SOLAGES --
   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:
 
   Section  1.  Short  title. This act shall be known and may be cited as
 the "reproductive freedom and equity grant program".
   § 2. Legislative findings. The legislature finds:
   1. Abortion is essential health  care  and  integral  to  the  overall
 health and wellbeing of individuals.
   2.  In  1970,  New  York  legalized abortion, three years prior to the
 Supreme Court decision in Roe v. Wade, which enumerated a constitutional
 right to abortion care.
   3. On January 22, 2019, the 46th  anniversary  of  the  Supreme  Court
 decision Roe v. Wade, New York modernized our state law to be consistent
 with  the holdings of Roe v. Wade, articulating in that every individual
 has a fundamental right to abortion.
   4. Despite a state right to abortion care, barriers exist  that  chal-
 lenge an individual's ability to exercise their right to care.
   5. Individuals seeking abortion care can often experience obstacles to
 obtaining  an  abortion, whether that is an inability to afford the cost
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02278-04-3
 A. 361--A                           2

 
 of care, the distance one must travel, the costs associated with  travel
 including transportation needs, childcare, lodging, lost wages and more.
   6.  Barriers  to  care  are  often  intensified  for immigrants, young
 people, people with disabilities and those living in rural areas.
   7. The United States Supreme Court overturned Roe v. Wade on June  24,
 2022,  significantly  impacting  access  to  care across the country for
 millions.
   8. It is estimated that in the wake of state bans on  abortion  across
 the  country, New York would be the nearest provider of care for 190,000
 to 280,000 more women of reproductive age.
   9. Abortion  funds,  abortion  providers,  and  other  community-based
 organizations  have  provided  essential  support  to individuals facing
 practical support  needs.  These  entities  assist  individuals  seeking
 abortion care including those living in New York, those traveling to New
 York and those who must travel outside of New York for care.
   10. With no direct and sustained state investment, safety-net abortion
 providers  and abortion funds predominately rely on philanthropic giving
 to address unmet needs of abortion patients, challenging  their  ability
 to meet present need, or any future increase demand for care.
   11.  New York has a proud legacy of protecting and expanding access to
 comprehensive reproductive and sexual health  care  services,  including
 abortion.
   12.  In  furtherance of that legacy, it is incumbent upon the state to
 adopt bold and innovative programs and policies that protect and advance
 reproductive freedom.
   § 3. Article 25-A of the public health law is amended by adding a  new
 section 2599-bb-1 to read as follows:
   § 2599-BB-1. REPRODUCTIVE FREEDOM AND EQUITY GRANT PROGRAM. 1. AS USED
 IN THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A)  "ABORTION"  SHALL  MEAN  THE TERMINATION OF PREGNANCY PURSUANT TO
 SECTION TWENTY-FIVE HUNDRED NINETY-NINE-BB OF THIS ARTICLE.
   (B) "MEDICAL SERVICES" SHALL MEAN THE RANGE OF  CARE  RELATED  TO  THE
 PROVISION OF ABORTION.
   (C)  "PRACTICAL  SUPPORT"  SHALL  MEAN  DIRECT  ASSISTANCE TO ENABLE A
 PERSON TO OBTAIN ABORTION CARE, INCLUDING BUT NOT LIMITED TO GROUND  AND
 AIR  TRANSPORTATION,  GAS  MONEY, LODGING, MEALS, CHILDCARE, TRANSLATION
 SERVICES, AND DOULA SUPPORT.
   (D) "PROGRAM" SHALL MEAN THE REPRODUCTIVE  FREEDOM  AND  EQUITY  GRANT
 PROGRAM.
   2.  THERE IS HEREBY ESTABLISHED IN THE DEPARTMENT A REPRODUCTIVE FREE-
 DOM AND EQUITY GRANT PROGRAM TO ENSURE ACCESS TO ABORTION  CARE  IN  THE
 STATE. SUCH PROGRAM SHALL PROVIDE FUNDING TO ABORTION PROVIDERS, GOVERN-
 MENT  ENTITIES AND NON-PROFIT ORGANIZATIONS WHOSE PRIMARY FUNCTION IS TO
 FACILITATE ACCESS TO ABORTION CARE. THE PROGRAM IS DESIGNED  TO  PROVIDE
 SUPPORT TO ABORTION PROVIDERS TO INCREASE ACCESS TO CARE, FUND UNCOMPEN-
 SATED  CARE,  AND  TO ADDRESS THE SUPPORT NEEDS OF INDIVIDUALS ACCESSING
 ABORTION CARE.  THE GOVERNOR SHALL INCLUDE AN APPROPRIATION IN THE EXEC-
 UTIVE BUDGET OR IDENTIFY  FUNDING  THAT  CAN  BE  USED  TO  SUPPORT  THE
 PROGRAM.
   3.  THE  COMMISSIONER IS AUTHORIZED TO DISTRIBUTE FUNDS MADE AVAILABLE
 FOR EXPENDITURE PURSUANT TO THIS SECTION.  IN  DETERMINING  FUNDING  FOR
 APPLICANTS  UNDER THE GRANT PROGRAM, THE COMMISSIONER SHALL CONSIDER THE
 FOLLOWING CRITERIA AND GOALS:
   (A) INCREASE ACCESS TO  CARE  BY  GROWING  THE  CAPACITY  OF  ABORTION
 PROVIDERS  TO MEET PRESENT AND FUTURE CARE NEEDS. FUNDS SHALL BE AWARDED
 TO SUPPORT THE RECRUITMENT AND RETENTION OF STAFF,  PATIENT  NAVIGATORS,
 A. 361--A                           3
 
 STAFF  TRAINING,  THE  ESTABLISHMENT  OF  NEW  OR RENOVATION OF EXISTING
 HEALTH CENTERS, INVESTMENTS IN TECHNOLOGY TO FACILITATE  CARE,  SECURITY
 ENHANCEMENTS,  AND OTHER OPERATIONAL NEEDS THAT REFLECT THE INTENTION OF
 INCREASING ACCESS TO ABORTION CARE.
   (B) FUND UNCOMPENSATED CARE, TO ENSURE THE AFFORDABILITY OF AND ACCESS
 TO  CARE  FOR  ANYONE  WHO  SEEKS CARE IN THE STATE, REGARDLESS OF THEIR
 ABILITY TO PAY FOR CARE. FUNDS SHALL BE AWARDED TO  ABORTION  PROVIDERS,
 GOVERNMENT  ENTITIES  AND  NON-PROFIT  ENTITIES TO SUPPORT UNCOMPENSATED
 COSTS OF THE MEDICAL SERVICES ASSOCIATED WITH ABORTION CARE FOR INDIVID-
 UALS WHO LACK INSURANCE COVERAGE, ARE UNDERINSURED, OR  WHOSE  INSURANCE
 IS DEEMED UNUSABLE BY THE RENDERING PROVIDER.
   (C)  ADDRESS PRACTICAL SUPPORT NEEDS OF INDIVIDUALS ACCESSING ABORTION
 CARE. FUNDS SHALL BE AWARDED TO NON-PROFIT ENTITIES PROVIDING  PRACTICAL
 SUPPORT TO INDIVIDUALS WITHIN AND TRAVELING TO THE STATE.
   4.  IN  ESTABLISHING  AND  OPERATING THE PROGRAM, THE DEPARTMENT SHALL
 CONSULT A RANGE OF EXPERTS INCLUDING BUT NOT LIMITED TO INDIVIDUALS  AND
 ENTITIES PROVIDING ABORTION CARE, ABORTION FUNDS AND OTHER ORGANIZATIONS
 WHOSE  MISSION  IS  TO  EXPAND  ACCESS  TO  ABORTION CARE, TO ENSURE THE
 PROGRAM STRUCTURE AND  EXPENDITURES  ARE  REFLECTIVE  OF  THE  NEEDS  OF
 ABORTION  PROVIDERS,  ABORTION FUNDS AND CONSUMERS. THE DEPARTMENT SHALL
 PROMULGATE REGULATIONS NECESSARY FOR IMPLEMENTATION OF THE PROGRAM.
   5. THE DEPARTMENT SHALL NOT REQUEST,  PROMULGATE  REGULATIONS  TO,  OR
 OTHERWISE  REQUIRE,  ANY  ABORTION  PROVIDER  OR NON-PROFIT ORGANIZATION
 RECEIVING MONIES FROM THE PROGRAM TO DIVULGE THE NAME,  ADDRESS,  PHOTO-
 GRAPH,  LICENSE  NUMBER,  EMAIL  ADDRESS,  PHONE  NUMBER,  OR  ANY OTHER
 PERSONALLY IDENTIFYING INFORMATION OF ANY  PATIENT,  OR  INDIVIDUAL  WHO
 SOUGHT OR RECEIVED PRACTICAL SUPPORT FROM SUCH PROVIDER OR ORGANIZATION,
 IN CONJUNCTION WITH THE FUNDING PROVIDED PURSUANT TO THIS SECTION.
   6.  ANY  NON-PROFIT  ORGANIZATION OR PROVIDER RECEIVING FUNDS FROM THE
 PROGRAM SHALL TAKE ALL NECESSARY STEPS TO ENSURE THE CONFIDENTIALITY  OF
 THE INDIVIDUALS RECEIVING SERVICES PURSUANT TO STATE AND FEDERAL LAWS.
   §  4. Severability clause. If any clause, sentence, paragraph, section
 or part of this act shall be adjudged by any court of  competent  juris-
 diction  to  be  invalid  and  after  exhaustion of all further judicial
 review, the judgment shall not affect, impair, or invalidate the remain-
 der thereof, but shall be confined  in  its  operation  to  the  clause,
 sentence,  paragraph,  section  or part of this act directly involved in
 the controversy in which the judgment shall have been rendered.
   § 5. This act shall take effect on the one hundred eightieth day after
 it shall have become a law. Effective immediately, the addition,  amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation  of  this act on its effective date are authorized to be made and
 completed on or before such effective date.

co-Sponsors

View additional co-sponsors

2023-A361B (ACTIVE) - Details

See Senate Version of this Bill:: S348
Current Committee:: Assembly Health
Law Section:: Public Health Law
Laws Affected:: Add Art 25-A §2599-bb-1, Pub Health L
Versions Introduced in 2021-2022 Legislative Session:: A10148, S9078

2023-A361B (ACTIVE) - Summary

2023-A361B (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  361--B
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              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:
 
   Section 1.  Article 25-A of the public health law is amended by adding
 a new section 2599-bb-1 to read as follows:
   § 2599-BB-1. REPRODUCTIVE FREEDOM AND EQUITY GRANT PROGRAM. 1. AS USED
 IN THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A)  "ABORTION"  SHALL  MEAN  THE TERMINATION OF PREGNANCY PURSUANT TO
 SECTION TWENTY-FIVE HUNDRED NINETY-NINE-BB OF THIS ARTICLE.
   (B) "HEALTH CARE SERVICES" SHALL MEAN THE RANGE OF CARE RELATED TO THE
 PROVISION OF ABORTION.
   (C) "PRACTICAL SUPPORT" SHALL  MEAN  DIRECT  ASSISTANCE  TO  ENABLE  A
 PERSON  TO OBTAIN ABORTION CARE, INCLUDING BUT NOT LIMITED TO GROUND AND
 AIR TRANSPORTATION, LODGING, MEALS, CHILDCARE, TRANSLATION SERVICES, AND
 DOULA SUPPORT.
   (D) "PROGRAM" SHALL MEAN THE REPRODUCTIVE  FREEDOM  AND  EQUITY  GRANT
 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

 
   2.  THERE IS HEREBY ESTABLISHED IN THE DEPARTMENT A REPRODUCTIVE FREE-
 DOM AND EQUITY GRANT PROGRAM TO ENSURE ACCESS TO ABORTION  CARE  IN  THE
 STATE.  THE PROGRAM SHALL PROVIDE FUNDING TO ABORTION PROVIDERS AND NON-
 PROFIT ORGANIZATIONS THAT PROVIDE OR FACILITATE ACCESS TO ABORTION CARE.
 THE  PROGRAM  SHALL BE DESIGNED TO PROVIDE SUPPORT TO ABORTION PROVIDERS
 AND NON-PROFIT ORGANIZATIONS TO INCREASE ACCESS TO CARE, FUND  UNCOMPEN-
 SATED  CARE,  AND  TO ADDRESS THE SUPPORT NEEDS OF INDIVIDUALS ACCESSING
 ABORTION CARE.  FUNDING USED TO SUPPORT THE PROGRAM SHALL BE SUBJECT  TO
 APPROPRIATION.
   3. THE COMMISSIONER SHALL DISTRIBUTE FUNDS MADE AVAILABLE FOR EXPENDI-
 TURE UNDER THIS SECTION. IN DETERMINING FUNDING FOR APPLICANTS UNDER THE
 GRANT  PROGRAM,  THE  COMMISSIONER SHALL CONSIDER THE FOLLOWING CRITERIA
 AND GOALS:
   (A) INCREASE ACCESS TO  CARE  BY  GROWING  THE  CAPACITY  OF  ABORTION
 PROVIDERS TO MEET PRESENT AND FUTURE CARE NEEDS. FUNDS MAY BE AWARDED TO
 SUPPORT  THE  RECRUITMENT  AND  RETENTION  OF STAFF, PATIENT NAVIGATORS,
 STAFF TRAINING, THE ESTABLISHMENT  OF  NEW  OR  RENOVATION  OF  EXISTING
 HEALTH  CENTERS,  INVESTMENTS IN TECHNOLOGY TO FACILITATE CARE, SECURITY
 ENHANCEMENTS, AND OTHER  OPERATIONAL  OR  CAPITAL  NEEDS  THAT  INCREASE
 ACCESS TO ABORTION CARE.
   (B)  FUND  UNCOMPENSATED HEALTH CARE SERVICES ASSOCIATED WITH ABORTION
 CARE, TO ENSURE THE AFFORDABILITY OF AND ACCESS TO CARE FOR  INDIVIDUALS
 WHO  LACK  ABILITY  TO  PAY FOR CARE, FOR INDIVIDUALS WHO LACK INSURANCE
 COVERAGE, ARE UNDERINSURED, OR WHOSE INSURANCE IS DEEMED UNUSABLE BY THE
 RENDERING PROVIDER.
   (C) ADDRESS PRACTICAL SUPPORT NEEDS OF INDIVIDUALS ACCESSING  ABORTION
 CARE FOR INDIVIDUALS WHO LACK ABILITY TO PAY FOR SUCH SUPPORT.
   4.  IN  ESTABLISHING AND OPERATING THE PROGRAM, THE COMMISSIONER SHALL
 CONSULT A RANGE OF EXPERTS INCLUDING BUT NOT LIMITED TO INDIVIDUALS  AND
 ENTITIES PROVIDING ABORTION CARE, ABORTION FUNDS AND OTHER ORGANIZATIONS
 WHOSE  MISSION  IS  TO  EXPAND  ACCESS  TO  ABORTION CARE, TO ENSURE THE
 PROGRAM STRUCTURE AND EXPENDITURES REFLECT THE NEEDS OF ABORTION PROVID-
 ERS, ABORTION FUNDS AND CONSUMERS. THE COMMISSIONER MAY MAKE REGULATIONS
 NECESSARY FOR IMPLEMENTING THE PROGRAM.
   5. THE COMMISSIONER SHALL  NOT  REQUEST,  OR  OTHERWISE  REQUIRE,  ANY
 ABORTION  PROVIDER  OR NON-PROFIT ORGANIZATION RECEIVING MONIES FROM THE
 PROGRAM TO DIVULGE THE NAME, ADDRESS, PHOTOGRAPH, LICENSE NUMBER,  EMAIL
 ADDRESS,  PHONE  NUMBER, OR ANY OTHER INDIVIDUAL IDENTIFYING INFORMATION
 OF ANY PATIENT,  OR  INDIVIDUAL  WHO  SOUGHT  OR  RECEIVED  HEALTH  CARE
 SERVICES  OR PRACTICAL SUPPORT FROM AN ABORTION PROVIDER OR ORGANIZATION
 UNDER THE PROGRAM.
   6. ANY NON-PROFIT ORGANIZATION OR ABORTION  PROVIDER  RECEIVING  FUNDS
 FROM  THE PROGRAM SHALL TAKE ALL NECESSARY STEPS TO ENSURE THE CONFIDEN-
 TIALITY OF THE INDIVIDUALS RECEIVING  SERVICES  PURSUANT  TO  STATE  AND
 FEDERAL LAWS.
   §  2. Severability clause. If any clause, sentence, paragraph, section
 or part of this act shall be adjudged by any court of  competent  juris-
 diction  to  be  invalid  and  after  exhaustion of all further judicial
 review, the judgment shall not affect, impair, or invalidate the remain-
 der thereof, but shall be confined  in  its  operation  to  the  clause,
 sentence,  paragraph,  section  or part of this act directly involved in
 the controversy in which the judgment shall have been rendered.
   § 3. This act shall take effect immediately.

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Assembly Bill A361A

Sponsored By

Current Bill Status - In Assembly Committee

Bill Amendments

co-Sponsors

2023-A361 - Details

2023-A361 - Summary

2023-A361 - Bill Text download pdf

co-Sponsors

2023-A361A - Details

2023-A361A - Summary

2023-A361A - Bill Text download pdf

co-Sponsors

2023-A361B (ACTIVE) - Details

2023-A361B (ACTIVE) - Summary

2023-A361B (ACTIVE) - Bill Text download pdf

Comments

Assembly Bill A361A

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Sponsored By

GONZALEZ-ROJAS

Current Bill Status - In Assembly Committee

Bill Amendments

co-Sponsors

Khaleel Anderson

Jeffrion Aubry

Rodneyse Bichotte Hermelyn

Harry B. Bronson

2023-A361 - Details

2023-A361 - Summary

2023-A361 - Bill Text download pdf

co-Sponsors

Amy Paulin

Khaleel Anderson

Jeffrion Aubry

Rodneyse Bichotte Hermelyn

2023-A361A - Details

2023-A361A - Summary

2023-A361A - Bill Text download pdf

co-Sponsors

Amy Paulin

Khaleel Anderson

Jeffrion Aubry

Rodneyse Bichotte Hermelyn