The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                 10148--A
 
                           I N  A S S E M B L Y
 
                                May 4, 2022
                                ___________
 
 Introduced by COMMITTEE ON RULES -- (at request of M. of A. Gonzalez-Ro-
   jas,  Gottfried,  Paulin,  Cruz,  Burgos, Quart, Gallagher, Seawright,
   Kelles,  Tapia,  L. Rosenthal,  Clark,  Anderson,  J. Rivera,  Thiele,
   Bichotte Hermelyn,  Niou,  Lunsford,  Epstein, Otis, Mamdani, Forrest,
   Weprin, Simon, Zinerman,  Aubry,  Septimo,  Carroll,  Cahill,  Davila,
   Hevesi,  Glick, Jean-Pierre, Lavine, Mitaynes, Dinowitz, Galef, Jacob-
   son, Fernandez) -- 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 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD15645-02-2
 A. 10148--A                         2
 
   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.
   (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
 A. 10148--A                         3
 
 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.