S T A T E O F N E W Y O R K
________________________________________________________________________
6904
2023-2024 Regular Sessions
I N A S S E M B L Y
May 8, 2023
___________
Introduced by M. of A. LAVINE, CRUZ, DINOWITZ, KELLES, JACOBSON, SIMON,
THIELE -- read once and referred to the Committee on Health
AN ACT to amend the public officers law, in relation to defense and
indemnity of certain officers and employees; and to create a state-re-
gulated program for expanding abortion services in New York state for
the benefit of out-of-state patients
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 "New York Santoro provider protection act of 2023".
§ 2. Legislative intent. (a) Because access to reproductive and
abortion care and personal autonomy over reproductive decisions are
fundamental human rights, it is the intent of the New York legislature
to create a state-funded and regulated program to allow providers within
New York state to provide abortions and telehealth services to patients
who reside outside of New York.
(b) Because cross-border medical services implicate and involve inter-
state commerce, as U.S. citizens often travel between the states to
obtain such services, it is the intent of the New York legislature to
protect interstate travel and commerce, such as telehealth, for the
provision of abortion services in this state.
(c) Because strict limitations or bans on abortions infringe upon the
free exercise of religion, and other constitutional rights, it is the
intent of the New York legislature to protect those constitutional
rights.
(d) Because every year approximately 20 million women worldwide risk
their lives to undergo unsafe abortions, and understanding that persons
who reside in states that have restricted or intend to restrict access
to necessary abortions are more likely, as Geraldine Santoro did, to
seek unsafe methods or procedures to terminate pregnancies from unquali-
fied individuals, including themselves, it is the intent of the New York
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10312-01-3
A. 6904 2
legislature to prevent further physical harm to such persons from both
unsafe procedures and from dangerous complications related to pregnancy.
(e) Because strict limitations or bans on abortions will adversely
affect the rights of Americans in the exercise of personal control over
their bodies and health care decisions, and because these limitations
and bans will have a disproportionate impact on indigent persons and
persons of color, it is the intent of the New York legislature to
protect even persons outside the state of New York, in coordination with
other like-minded states.
(f) A specific legislative intent for this act is to protect commerce
within New York, and between New York and other states, including by (1)
protecting consumers of abortion-related services in New York or, if
appropriate, helping consumers find and obtain abortion-related services
in other states, (2) using common carriers, hotel chains, and transport
companies to facilitate consumer choice, (3) providing financial incen-
tives for new providers to enter the market for abortion-related
services, (4) thereby increasing competition between providers, which
will encourage higher-quality service at lower prices, (5) eliminating
barriers to market entry for such new providers, and (6) creating
protections and incentives for existing providers to expand coverage and
service for consumers of abortion-related services.
(g) Another specific intent of this act is to accord all patients who
travel to New York, and the abortion-service providers in New York, the
constitutional protections of Article VI of the United States Constitu-
tion, section 2, clause 1 (the Privileges and Immunities Clause), and of
the due process clause of the fourteenth amendment, which prohibits
states where abortion is either illegal or restricted from either (1)
punishing its residents who travel out-of-state for such services, or
(2) restraining or seeking to punish providers, or others who assist or
facilitate lawful abortions in New York, as well as the equal protection
clause of the fourteenth amendment which prohibits states from denying
to any person within its jurisdiction the equal protection of the laws.
"The tradition of American federalism stands squarely against efforts by
states to punish their citizens for conduct that is protected in the
sister state where it occurs."
(h) Because providers and common carriers who participate in this
newly enacted program are acting at the behest of New York state, under
duly executed contracts with the state to perform public service on a
temporary or occasional basis, and in compliance with New York state
regulations, and because using existing providers will create less
burden to New York taxpayers than increasing abortion services already
provided by the state-run healthcare facilities, and because the threat
of liability has the effect of deterring skilled and qualified individ-
uals from public service, it is the intent of the legislature to afford
immunity from suit or prosecution to any abortion-service provider with-
in New York state who provides abortion services to an out-of-state
patient, whether through telehealth or in-person, as well as to common
carriers and hotels, who participate in this program under contracts
with the state.
§ 3. Travel to New York for abortions and related care. (a) Patients
living in the 50 U.S. States and territories, who (1) seek an abortion
that is unlawful or unavailable in their state of residence but is legal
and available in New York, and (2) declare financial need to pay for
such medical care or travel to New York, are eligible to apply for
financial assistance to travel to New York to obtain such medical
services referred to in this act as "the travel program" or "program".
A. 6904 3
(b) On an annual basis, the department of health, in consultation with
the not-for-profit corporation created for this purpose, as provided in
subdivision (c) of section four of this act, shall promulgate rules
setting forth the financial qualifications for obtaining such financial
assistance.
(c) Such rules shall be based upon the patient's declaration of finan-
cial means.
(d) Such rules shall aim to maximize the availability of funds from
all sources.
(e) To the extent permitted by law, such rules shall seek to obtain
reimbursement from the patient's health insurance.
(f) Immigration status shall not be a consideration in determining
financial eligibility or participation in the program in any way. No
information on legal immigration or residency status may be collected in
connection with this program.
§ 4. Administration. (a) The department of health shall promulgate
rules and regulations consistent with this act within 60 days of the
effective date of this act.
(b) The travel program shall be funded through an annual appropriation
beginning in fiscal year 2023-2024.
(c) The department of health shall create a not-for-profit corpo-
ration, to be known as the "New York sanctuary project", to administer
the travel program and shall issue regulations to:
(1) Administer the travel program, including facilitating travel
arrangements and medical appointments for persons who declare the need
for them, and paying the costs when funds are available.
(2) Protect the personally identifiable data of any person or entity
that contacts, applies for, or receives assistance from the travel
program, in perpetuity and collect as little personally identifiable
data as practicable. All travel program partners shall take all neces-
sary steps to ensure the confidentiality of the individuals and entities
receiving services or funds from the travel program.
(3) Enter into contracts with providers of abortion services (whether
in-person or through telehealth options), which will require the provid-
ers to act in conformance with contractual requirements, comply with all
applicable laws or regulations, and certify compliance with same.
(4) Issue certificates of immunity to all providers and common carri-
ers who provide abortion services on a temporary or occasional basis
under the travel program.
(5) Raise private money to help pay for the travel program.
(6) Enter into partnerships, separately or in cooperation with other
sanctuary states, with existing, privately run not-for-profit corpo-
rations that can contribute funds or other resources to the travel
program.
(7) Maximize the availability of funds from sources other than New
York, such as, where eligible, the patient's private insurance or
private donations.
(8) Enter into agreements with common carriers, hotel chains, and
other service providers, separately or in cooperation with other sanctu-
ary states, for the purpose of administering the travel program
resources in a cost-efficient and compassionate manner.
(9) Broadly advertise the availability of, and the application process
for, the travel program in all 50 states and territories.
(10) Provide a fast-track option, in which applicants for financial
assistance receive notice of the determination on their application
within 48 hours of the application's receipt, or such other time limita-
A. 6904 4
tion as determined by the department of health or in cooperation with
other sanctuary states.
(11) Advertise the availability of the program, including within
states that have or will restrict or ban access to abortion services.
(12) Establish a panel of qualified pro bono lawyers, in coordination
with the existing reproductive legal defense networks, to defend persons
and providers sued or charged with abortion-related claims or crimes,
wherever those suits are brought.
§ 5. Telehealth provisions. (a) As part of the program, the depart-
ment of health's regulations shall permit, to the maximum extent permit-
ted by state and federal law, health care practitioners within New York
to provide medical abortions to out-of-state residents through mail-ord-
er pharmacies and telehealth consultations, in which the patient would
use the abortifacient medication in their home state, or in a nearby
state (the "telehealth option").
(b) All medical services provided by New York health care practition-
ers and their staff, including the services of pharmacies where applica-
ble, for the telehealth option are hereby deemed to be provided within
the state of New York, regardless of where the patient resides.
(c) All protections that have been enacted to protect patients and
health care practitioners engaged in abortion care within New York shall
also apply to telehealth abortions, including protections from acts
against health care practitioners' licenses, against health care practi-
tioners' liability insurance, against health care practitioners' proper-
ty, and involving any criminal complaints or extradition attempts
related to abortion care.
§ 6. Subdivision 1 of section 17 of the public officers law is amended
by adding a new paragraph (aa) to read as follows:
(AA) FOR THE PURPOSES OF THIS SECTION, THE TERM "EMPLOYEE" SHALL
INCLUDE EMPLOYEES, OFFICERS, AND MEMBERS OF THE BOARD OF THE TRAVEL
PROGRAM, AND ALL PROVIDERS AND COMMON CARRIERS WHO PROVIDE ABORTION
SERVICES UNDER THE TRAVEL PROGRAM, AS ESTABLISHED BY A CHAPTER OF THE
LAWS OF TWO THOUSAND TWENTY-THREE WHICH ADDED THIS PARAGRAPH.
§ 7. Severability. If any provision, section, subsection, or clause of
this act or its application to any person or circumstance is held inval-
id, it is the legislature's intent that the invalidity does not affect
other provisions, sections, subsections, clauses or applications of this
act which can be given effect without the invalid provision, section,
subsection, or clause or application, and to this end the provisions of
this act are severable.
§ 8. This act shall take effect immediately.