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.