NY State Senate Bill 2021-S9078

Archive: Last Bill Status - In Senate Committee Health 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
May 09, 2022	referred to health

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2021-S9078 (ACTIVE) - Details

See Assembly Version of this Bill:: A10148
Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Add Art 25-A §2599-bb-1, Pub Health L
Versions Introduced in 2023-2024 Legislative Session:: S348, A361

2021-S9078 (ACTIVE) - Summary

Enacts 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.

2021-S9078 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S9078

SPONSOR: CLEARE
 
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.

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. Clar-
ifies 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 poised to overturn or dramatically weaken federal
protections around the right to abortion care, New York must be prepared
to 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 in the event Roe v. Wade is over-
turned, 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.
In recent years, states have continuously restricted access to abortion,
effectively 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. By the end of June
2022, the U.S. Supreme Court is poised to overturn Roe v. Wade, the 1973
case that acknowledged the constitutional right to an, abortion.  If Roe
falls, abortion access is expected to further erode in at least 26
states across the country. As a result, for 190,000 - 280,000 women
living out-of-state, New York would become 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 an necessary extension of the
legislatures work to protect the right to abortion here in New York.

The SB 8 abortion ban in Texas foreshadows what we can expect to happen
across the country after the SCOTUS decision: politicians forcing people
to remain pregnant or forcing people to travel hundreds of miles and
cross state lines to access care, if they can afford to.

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 polices 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

2021-S9078 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9078
 
                             I N  S E N A T E
 
                                May 9, 2022
                                ___________
 
 Introduced  by  Sen.  CLEARE -- read twice and ordered printed, and when
   printed to be committed 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.
   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.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD15648-01-2
 S. 9078                             2
 
   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.
   (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.
 S. 9078                             3
 
   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.

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Senate Bill S9078

Sponsored By

Archive: Last Bill Status - In Senate Committee Health Committee

co-Sponsors

2021-S9078 (ACTIVE) - Details

2021-S9078 (ACTIVE) - Summary

2021-S9078 (ACTIVE) - Sponsor Memo

2021-S9078 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S9078

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Sponsored By

Archive: Last Bill Status - In Senate Committee Health Committee

co-Sponsors

2021-S9078 (ACTIVE) - Details

2021-S9078 (ACTIVE) - Summary

2021-S9078 (ACTIVE) - Sponsor Memo

2021-S9078 (ACTIVE) - Bill Text download pdf

Comments