Bill Text: NY S00348 | 2023-2024 | General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Enacts the reproductive freedom and equity grant 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.

Spectrum: Partisan Bill (Democrat 16-0)

Status: (Engrossed) 2024-01-22 - referred to health [S00348 Detail]

Download: New_York-2023-S00348-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         348--A

                               2023-2024 Regular Sessions

                    IN SENATE

                                       (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:

     1    Section 1. Short title. This act shall be known and may  be  cited  as
     2  the "reproductive freedom and equity grant program".
     3    § 2. Legislative findings. The legislature finds:
     4    1.  Abortion  is  essential  health  care  and integral to the overall
     5  health and wellbeing of individuals.
     6    2. In 1970, New York legalized abortion,  three  years  prior  to  the
     7  Supreme Court decision in Roe v. Wade, which enumerated a constitutional
     8  right to abortion care.
     9    3.  On  January  22,  2019,  the 36th anniversary of the Supreme Court
    10  decision Roe v. Wade, New York modernized our state law to be consistent
    11  with the holdings of Roe v. Wade, articulating in that every  individual
    12  has a fundamental right to abortion.
    13    4. Despite a constitutional and state right to abortion care, barriers
    14  exist  that challenge an individual's ability to exercise their right to
    15  care.
    16    5. Individuals seeking abortion care can often experience obstacles to
    17  obtaining an abortion, whether that is an inability to afford  the  cost
    18  of  care, the distance one must travel, the costs associated with travel
    19  including transportation needs, childcare, lodging, lost wages and more.
    20    6. Barriers to  care  are  often  intensified  for  immigrants,  young
    21  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

     1    7. When the United States Supreme Court overturned Roe v. Wade on June
     2  24,  2022,  access  to care across the country dramatically shifted with
     3  people in at least 26 states - 36,000,000 women and individuals with the
     4  capacity to become pregnant - losing access to care.
     5    8.  It  is estimated that in the wake of state bans on abortion across
     6  the country, New York would be the nearest provider of care for  190,000
     7  to 280,000 more women of reproductive age.
     8    9.  Abortion  funds,  abortion  providers,  and  other community-based
     9  organizations have provided  essential  support  to  individuals  facing
    10  practical  support  needs.  These  entities  assist  individuals seeking
    11  abortion care including those living in New York, those traveling to New
    12  York and those who must travel outside of New York for care.
    13    10. With no direct state investment, safety-net abortion providers and
    14  abortion funds predominately rely on  philanthropic  giving  to  address
    15  unmet  needs  of  abortion  patients,  challenging their ability to meet
    16  present need, or any future increase demand for care.
    17    11. New York has a proud legacy of protecting and expanding access  to
    18  comprehensive  reproductive  and  sexual health care services, including
    19  abortion.
    20    12. In furtherance of that legacy, it is incumbent upon the  state  to
    21  adopt bold and innovative programs and policies that protect and advance
    22  reproductive freedom.
    23    §  3. Article 25-A of the public health law is amended by adding a new
    24  section 2599-bb-1 to read as follows:
    25    § 2599-bb-1. Reproductive freedom and equity grant program. 1. As used
    26  in this section, the following terms shall have the following meanings:
    27    (a) "Abortion" shall mean the termination  of  pregnancy  pursuant  to
    28  section twenty-five hundred ninety-nine-bb of this article.
    29    (b)  "Medical  services"  shall  mean the range of care related to the
    30  provision of abortion.
    31    (c) "Practical support" shall  mean  direct  assistance  to  enable  a
    32  person  to obtain abortion care, including but not limited to ground and
    33  air transportation, gas money, lodging,  meals,  childcare,  translation
    34  services, and doula support.
    35    (d)  "Program"  shall  mean  the reproductive freedom and equity grant
    36  program.
    37    2. There is hereby established in the department a reproductive  free-
    38  dom  and  equity  grant program to ensure access to abortion care in the
    39  state. Such program shall provide funding to abortion providers, govern-
    40  ment entities and non-profit organizations whose primary function is  to
    41  facilitate  access  to abortion care. The program is designed to provide
    42  support to abortion providers to increase access to care, fund uncompen-
    43  sated care, and to address the support needs  of  individuals  accessing
    44  abortion care.  The governor shall include an appropriation in the exec-
    45  utive  budget  or  identify  funding  that  can  be  used to support the
    46  program.
    47    3. The commissioner is authorized to distribute funds  made  available
    48  for  expenditure  pursuant  to  this section. In determining funding for
    49  applicants under the grant program, the commissioner shall consider  the
    50  following criteria and goals:
    51    (a)  Increase  access  to  care  by  growing  the capacity of abortion
    52  providers to meet present and future care needs. Funds shall be  awarded
    53  to  support  the recruitment and retention of staff, patient navigators,
    54  staff training, the establishment  of  new  or  renovation  of  existing
    55  health  centers,  investments in technology to facilitate care, security
        S. 348--A                           3

     1  enhancements, and other operational needs that reflect the intention  of
     2  increasing access to abortion care.
     3    (b) Fund uncompensated care, to ensure the affordability of and access
     4  to  care  for  anyone  who  seeks care in the state, regardless of their
     5  ability to pay for care. Funds shall be awarded to  abortion  providers,
     6  government  entities  and  non-profit  entities to support uncompensated
     7  costs of the medical services associated with abortion care for individ-
     8  uals who lack insurance coverage, are underinsured, or  whose  insurance
     9  is deemed unusable by the rendering provider.
    10    (c)  Address practical support needs of individuals accessing abortion
    11  care. Funds shall be awarded to non-profit entities providing  practical
    12  support to individuals within and traveling to the state.
    13    4.  In  establishing  and  operating the program, the department shall
    14  consult a range of experts including but not limited to individuals  and
    15  entities providing abortion care, abortion funds and other organizations
    16  whose  mission  is  to  expand  access  to  abortion care, to ensure the
    17  program structure and  expenditures  are  reflective  of  the  needs  of
    18  abortion  providers,  abortion funds and consumers. The department shall
    19  promulgate regulations necessary for implementation of the program.
    20    5. The department shall not request,  promulgate  regulations  to,  or
    21  otherwise  require,  any  abortion  provider  or non-profit organization
    22  receiving monies from the program to divulge the name,  address,  photo-
    23  graph,  license  number,  email  address,  phone  number,  or  any other
    24  personally identifying information of any  patient,  or  individual  who
    25  sought or received practical support from such provider or organization,
    26  in conjunction with the funding provided pursuant to this section.
    27    6.  Any  non-profit  organization or provider receiving funds from the
    28  program shall take all necessary steps to ensure the confidentiality  of
    29  the individuals receiving services pursuant to state and federal laws.
    30    §  4. Severability clause. If any clause, sentence, paragraph, section
    31  or part of this act shall be adjudged by any court of  competent  juris-
    32  diction  to  be  invalid  and  after  exhaustion of all further judicial
    33  review, the judgment shall not affect, impair, or invalidate the remain-
    34  der thereof, but shall be confined  in  its  operation  to  the  clause,
    35  sentence,  paragraph,  section  or part of this act directly involved in
    36  the controversy in which the judgment shall have been rendered.
    37    § 5. This act shall take effect on the one hundred eightieth day after
    38  it shall have become a law. Effective immediately, the addition,  amend-
    39  ment and/or repeal of any rule or regulation necessary for the implemen-
    40  tation  of  this act on its effective date are authorized to be made and
    41  completed on or before such effective date.