NY State Senate Bill S348B

Current Bill Status - Passed Senate

Introduced
In Committee
On Floor Calendar
- Passed Senate
- Passed Assembly
Delivered to Governor
Signed/Vetoed by Governor

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Actions

view actions (10)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 24, 2023	referred to health delivered to assembly passed senate
Jan 23, 2023	ordered to third reading cal.151
Jan 17, 2023	reported and committed to rules
Jan 11, 2023	print number 348b
Jan 11, 2023	amend and recommit to health
Jan 06, 2023	print number 348a
Jan 06, 2023	amend (t) and recommit to health
Jan 04, 2023	referred to health

Votes

view votes

Jan 24, 2023 - floor Vote

S348B

floor

Aye

Nay

Absent

Excused

Abstained

Jan 23, 2023 - Rules committee Vote

S348B

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

Jan 17, 2023 - Health committee Vote

S348B

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

Bill Amendments

Original

B (Active)

Original

B (Active)

Co-Sponsors

S348 - Details

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:: S9078

S348 - Summary

Enacts the reproductive freedom and equity grant program to ensure access to abortion care in the state by providing funding to abortion providers, government entities and non-profit organizations whose primary function is to facilitate access to abortion care.

S348 - Sponsor Memo

 
BILL NUMBER: S348

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 in 2022.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

To be determined.

 
EFFECTIVE DATE:
60 days

S348 - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    348
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 4, 2023
                                ___________
 
 Introduced  by  Sens. CLEARE, RIVERA, COONEY, HINCHEY, HOYLMAN, JACKSON,
   SALAZAR, THOMAS -- 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD02278-01-3
 S. 348                              2
 
 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
 AND NON-PROFIT ENTITIES TO SUPPORT UNCOMPENSATED COSTS  OF  THE  MEDICAL
 SERVICES  ASSOCIATED  WITH ABORTION CARE FOR INDIVIDUALS WHO LACK INSUR-
 S. 348                              3

 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

S348A - Details

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:: S9078

S348A - Summary

S348A - Sponsor Memo

 
BILL NUMBER: S348A

SPONSOR: CLEARE
 
TITLE OF BILL:

An act to amend the public health law, in relation to enacting the
reproductive freedom and equity grant 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 Grant
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 Grant Program. Under this
proposed title 1, the bill Defines terms, Establishes a program within

the NYS Department of Health to provide the funding through grants,
States that the Governor shall include an appropriation in the executive
Budget or otherwise identify funding, Clarifies the purpose and goals of
the program, Requires the department to consult experts in developing
the program structure, and Requires confidentiality protections.

Section 4 is a severability clause.

Section 5 sets the law as effective in 180 days.

 
JUSTIFICATION:

With the Supreme Court action to overturn federal protections around the
right to abortion care, New York must continue to be prepared to respond
to the dramatically shifting national landscape of abortion access. The
Reproductive Freedom Equity Grant 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, fund uncompensated care for those who lack
coverage or for those whose coverage is not usable and support the prac-
tical 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 navigating 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 position. 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 disa-
bilities, people in rural areas, young people, undocumented people, and
people having difficulty making ends meet.

With the fall of Roe, 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 life-
time. 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
individuals 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 in 2022. Reintroduced and Amended in 2023.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

To be determined.

 
EFFECTIVE DATE:
180 days

S348A - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  348--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 4, 2023
                                ___________
 
 Introduced  by  Sens. CLEARE, RIVERA, COONEY, HINCHEY, HOYLMAN, JACKSON,
   SALAZAR, THOMAS -- read twice and ordered printed, and when printed to
   be committed to the Committee on Health -- committee discharged,  bill
   amended,  ordered reprinted as amended and recommitted to said commit-
   tee

 AN ACT to amend the public health  law,  in  relation  to  enacting  the
   reproductive freedom and equity grant 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 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.

                                                            LBD02278-02-3
 S. 348--A                           2
 
   7. When the United States Supreme Court overturned Roe v. Wade on June
 24,  2022,  access  to care across the country dramatically shifted 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 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,
 STAFF TRAINING, THE ESTABLISHMENT  OF  NEW  OR  RENOVATION  OF  EXISTING
 HEALTH  CENTERS,  INVESTMENTS IN TECHNOLOGY TO FACILITATE CARE, SECURITY
 S. 348--A                           3
 
 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

S348B (ACTIVE) - Details

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:: S9078

S348B (ACTIVE) - Summary

S348B (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S348B

SPONSOR: CLEARE
 
TITLE OF BILL:

An act to amend the public health law, in relation to enacting the
reproductive freedom and equity grant 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 Grant
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 Grant Program. Under this
proposed title 1, the bill Defines terms, Establishes a program within

the NYS Department of Health to provide the funding through grants,
States that the Governor shall include an appropriation in the executive
Budget or otherwise identify funding, Clarifies the purpose and goals of
the program, Requires the department to consult experts in developing
the program structure, and Requires confidentiality protections.

Section 4 is a severability clause.

Section 5 sets the law as effective in 180 days.

 
JUSTIFICATION:

With the Supreme Court action to overturn federal protections around the
right to abortion care, New York must continue to be prepared to respond
to the dramatically shifting national landscape of abortion access. The
Reproductive Freedom Equity Grant 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, fund uncompensated care for those who lack
coverage or for those whose coverage is not usable and support the prac-
tical 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 navigating 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 position. 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 disa-
bilities, people in rural areas, young people, undocumented people, and
people having difficulty making ends meet.

With the fall of Roe, 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 life-
time. 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
individuals 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 in 2022. Reintroduced and Amended in 2023.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

To be determined.

 
EFFECTIVE DATE:
180 days

S348B (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  348--B
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 4, 2023
                                ___________
 
 Introduced  by  Sens.  CLEARE,  RIVERA,  COONEY, HINCHEY, HOYLMAN-SIGAL,
   JACKSON, SALAZAR, THOMAS -- read twice and ordered printed,  and  when
   printed  to  be  committed  to  the  Committee  on Health -- committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee  --  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 grant 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
 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.

                                                            LBD02278-03-3
 S. 348--B                           2
 
   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,
 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.
 S. 348--B                           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,
 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.

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The New York State Senate

senate Bill S348B

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Current Bill Status - Passed Senate

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Jan 24, 2023 - floor Vote

Floor Vote: Jan 24, 2023

Jan 23, 2023 - Rules committee Vote

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Jan 17, 2023 - Health committee Vote

Health Committee Vote: Jan 17, 2023

Bill Amendments

Co-Sponsors

S348 - Details

S348 - Summary

S348 - Sponsor Memo

S348 - Bill Text download pdf

Co-Sponsors

S348A - Details

S348A - Summary

S348A - Sponsor Memo

S348A - Bill Text download pdf

Co-Sponsors

S348B (ACTIVE) - Details

S348B (ACTIVE) - Summary

S348B (ACTIVE) - Sponsor Memo

S348B (ACTIVE) - Bill Text download pdf

Comments

senate Bill S348B

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Sponsored By

Current Bill Status - Passed Senate

Your Voice

Actions

Votes

Jan 24, 2023 - floor Vote

Floor Vote: Jan 24, 2023

Jan 23, 2023 - Rules committee Vote

Rules Committee Vote: Jan 23, 2023

Jan 17, 2023 - Health committee Vote

Health Committee Vote: Jan 17, 2023

Bill Amendments

Co-Sponsors

S348 - Details

S348 - Summary

S348 - Sponsor Memo

S348 - Bill Text download pdf

Co-Sponsors

S348A - Details

S348A - Summary

S348A - Sponsor Memo

S348A - Bill Text download pdf

Co-Sponsors

S348B (ACTIVE) - Details

S348B (ACTIVE) - Summary

S348B (ACTIVE) - Sponsor Memo

S348B (ACTIVE) - Bill Text download pdf

Comments