Enacts the New York Santoro provider protection act of 2023; creates the "travel program" to expand access to abortion services for the benefit of out-of-state patients.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A6904
SPONSOR: Lavine
 
TITLE OF BILL:
An act to amend the public officers law, in relation to defense and
indemnity of certain officers and employees; and to create a state-regu-
lated program for expanding abortion services in New York state for the
benefit of out-of-state patients
 
PURPOSE:
This legislation enacts the New York Santoro provider protection act of
2023 to expand access to abortion, services for the benefit of out-of-
state patients
 
SUMMARY OF PROVISIONS:
Section 1: Title of the bill, "New York Santoro Provider Act of 2023."
Section 2: Legislative intent.
(A) Because access to reproductive and abortion care and personal auton-
omy over reproductive decisions are fundamental human rights, the intent
of this bill is to create a state-funded and regulated program to allow
providers within New York state to provide abortions and telehealth
services to patients who reside outside of New York.
(B) It is the intent of the New York legislature to protect interstate
travel and commerce, such as telehealth, for the provision of abortion
services in this state.
(C) Because strict limitations or bans on abortions infringe upon the
free exercise of religion, and other constitutional rights, it is the
intent of the New York legislature to protect those constitutional
rights.
(D) Because every year approximately 20 million women worldwide risk
their lives to undergo unsafe abortions, and understanding that persons
who reside in states that have restricted or intend to restrict access
to necessary abortions are more likely, as Geraldine Santoro did, to
seek unsafe methods or procedures to terminate pregnancies from unquali-
fied individuals, including themselves, it is the intent of the New York
legislature to prevent further physical harm to such persons from both
unsafe procedures and from dangerous complications related to pregnancy.
(E) Because strict limitations or bans on abortions will adversely
affect the rights of Americans in the exercise of personal control over
their bodies and health care decisions, and because these limitations
and bans will have a disproportionate impact on indigent persons and
persons of color, it is the intent of the New York legislature to
protect even persons outside the state of New York, in coordination with
other like minded states.
(F) A specific legislative intent for this act is to protect commerce
within New York and between New York and other states including by:
(1) protecting consumers of abortion-related services in New York or, if
appropriate, helping consumers find and obtain abortion-related services
in other states,
(2) using common carriers, hotel chains, and transport companies to
facilitate consumer choice,
(3) providing financial incentives for new providers to enter the market
for abortion-related services,
(4) thereby increasing competition between providers, which will encour-
age higher-quality service at lower prices,
(5) eliminating barriers to market entry for such new providers, and
(6) creating protections and incentives for existing providers to expand
coverage and service for consumers of abortion-related services.
(G) Another specific intent of this act is to accord all patients who
travel to New York, and the abortion-service providers in New York, the
constitutional protections of Article VI of the United States Constitu-
tion, section 2, clause 1 (the Privileges and Immunities Clause), and of
the due process clause of the fourteenth amendment, which prohibits
states where abortion is either illegal or restricted from either
(1) punishing its residents who travel out-of-state for such services,
or
(2) restraining or seeking to punish providers, or others who assist or
facilitate lawful abortions in New York, as well as the equal protection
clause of the fourteenth amendment which prohibits states from denying
to any person within its jurisdiction the equal protection of the laws.
"The tradition of American federalism stands squarely against efforts by
states to punish their citizens for conduct that is protected in the
sister state where it occurs."
(H) it is the intent of the legislature to afford immunity from suit or
prosecution to any abortion-service provider with in New York state who
provides abortion services to an out-of-state patient, whether through
telehealth or in-person, as well as to common carriers and hotels, who
participate in this program under contracts with the state.
Section 3: Travel to New York for abortions and related care.
(a) Patients living in the 50 U.S. States and territories, who
(1) seek an abortion that is unlawful or unavailable in their state of
residence but is legal and available in New York, and
(2) declare financial need to pay for such medical care or travel to New
York, are eligible to apply for financial assistance to travel to New
York to obtain such medical services (the "Travel Program").
(b) On an annual basis, the New York Department of Health, in consulta-
tion with the not-for-profit corporation created for this purpose, as
provided in subdivision (d) of section 4 of this Act, shall promulgate
rules setting forth the financial qualifications for obtaining such
financial assistance.
(c) Such rules shall be based upon the patient's declaration of finan-
cial means.
(d) Such rules shall aim to maximize the availability of funds from all
sources.
(e) To the extent permitted by law, such rules shall seek to obtain
reimbursement from the patient's health insurance.
(f) Immigration status shall not be a consideration in determining
financial eligibility or participation in the Program in any way. No
information on legal immigration or residency status may be collected in
connection with this Program.
Section 4: Administration.
(a) The New York Department of Health shall promulgate rules and regu-
lations consistent with this Act within 60 days of the effective date of
this Act.
(b) Beginning in fiscal year 2023-2024, the state budget shall appropri-
ate funds directly for the Travel Program.
(c)The New York department of health shall create a not-for-profit
corporation, the "New York Sanctuary Project," to administer the Travel
Program and shall issue regulations to:
(1) administer the Travel Program, including facilitating travel
arrangements and medical appointments for persons who declare the need
for them, and paying the costs when funds are available.
(2) protect the personally identifiable data of any person or entity
that contacts, applies for, or receives assistance from the Travel
Program, in perpetuity and collect as little personally identifiable
data as practicable. All Travel Program partners shall take all neces-
sary steps to ensure the confidentiality of the individuals and entities
receiving services or funds from the Travel Program.
(3) enter into contracts with providers of abortion services (whether
in-person or through telehealth options), which will require the provid-
ers to act in conformance with contractual requirements, comply with all
applicable laws or regulations, and certify compliance with same.
(4) issue certificates of immunity to all providers and common carriers
who provide abortion services on a temporary or occasional basis under
this Travel Program.
(5) raise private money to help pay for the Travel Program.
(6) enter into partnerships, separately or in cooperation with other
sanctuary states, with existing, privately run not-for-profit corpo-
rations that can contribute funds or other resources to the Travel
Program.
(7) maximize the availability of funds from sources other than New York,
such as, where eligible, the patient's private insurance or private
donations.
(8) enter into agreements with common carriers, hotel chains, and other
service providers, separately or in cooperation with other sanctuary
states, for the purpose of administering the. Travel Program resources
in a cost-efficient and compassionate manner.
(9) broadly advertise the availability of, and the application process
for, the Travel Program in all 50 states and territories.
(10) provide a fast-track option, in which applicants for financial
assistance receive notice of the determination on their application
within 48 hours of the application's receipt, or such other time limita-
tion as determined by the New York department of health or in cooper-
ation with other sanctuary states.
(11) advertise the availability of the Program, including within states
that have or will restrict or ban access to abortion services.
(12) establish a panel of qualified pro bono lawyers in coordination
with the existing reproductive legal defense networks to defend persons
and providers sued or charged with abortion-related claims or crimes,
wherever those suits are brought.
Section 5: Telehealth provisions.
(a) As part of the Program, the New York department of health's regu-
lations shall permit, to the maximum extent permitted by New York and
federal law, health care practitioners within New York to provide
medical abortions to out-of-state residents through mail-order pharma-
cies and telehealth consultations, in which the patient would use the
abortifacient medication in their home state, or in a nearby state (the
"Tele-Health Option").
(b) All medical services provided by New York health care practitioners
and their staff, including the services of pharmacies where applicable,
for the Tele-Health Option are hereby deemed to be provided within the
State of New York, regardless of where the patient resides.
(c) All protections that have been enacted to protect patients and
health care practitioners engaged in abortion care within New York shall
also apply to telehealth abortion, including protections from acts
against health care practitioners' licenses, against health care practi-
tioners' liability insurance, against health, care practitioners' prop-
erty, and involving any criminal complaints or extradition attempts
related to abortion care.
Section 6: Defense and Indemnification. Subdivision 1 of section 17 of
the public officer's law is amended by adding (aa): the term "employee"
shall include employees, officers, and members of the board of the trav-
el program and all providers and common carriers who provide abortion
services under the travel program.
Section 7: Severability Section. If any provision, section, subsection,
or clause of this Act or its application to any person or circumstance
is held invalid, it is the legislature's intent that the invalidity does
not affect other provisions, sections, subsections, clauses or applica-
tions of this Act which can be given effect without the invalid
provision, section, subsection, or clause or application, and to this
end the provisions of this Act are severable.
Section 8: Effective Date.
 
JUSTIFICATION:
The Geraldine Santoro Act is a robust response to the overturning the
landmark Roe vs. Wade decision by the United States Supreme Court, and
to the legislation restricting women's reproductive rights passed by
several states across the country. The bill is named after Geraldine
Santoro, who died from an unsafe abortion in 1964, and whose death
inspired abortion rights activists for generations.
This act protects New Yorkers and all people in the U.S. by providing
assistance and protection for those seeking abortions and related
medical services, whether or not they reside in the Empire State. This
legislation aims to protect pregnant people from unsafe abortions and
mitigates the disproportionate impact of abortion bans on indigent
people and persons of color. A key component of the legislation is fund-
ing for those who are low income and who may need to travel across one
or more states to receive access to care.
The Santoro Sanctuary Network Act will provide:
A telehealth shield provision The bill allows New York medical providers
to provide telemedicine abortion services to patients outside New York
and shields providers from extraterritorial lawsuits and abortion-relat-
ed prosecutions.
A Travel Program
The bill creates a not-for-profit corporation that would accept public
funds and private donations to fund travel and lodging for pregnant
persons seeking to access abortion services in New York, with the funds
administered by DOH. The public-private partnership fund will provide
financial assistance for travel and abortion services to people from
states where abortions are either illegal or unavailable, regardless of
geography or economic means.
Immunity
Immunity from suits would extend to private individuals or entities
acting under contracts with DOH to provide abortion services and to
common carriers.
Defense and indemnification
Recipients of a certificate of immunity from the N.Y. DOH would be enti-
tled to a legal defense and indemnification through an amendment to
Section 17 of the Public Officer's Law (Defense and Indemnification of
State Officers and Employees). If the provider were sued or indicted,
the State would defend them at its cost (but using available pro bono
counsel where possible).
Health Insurance
To the extent permitted by law, the program will seek to obtain
reimbursement from the patient's health insurance.
New York must stand at the forefront of the fight for the protection of
the human right to obtain safe abortion services. States that stand
behind the rights of pregnant people must now act with determination to
expand abortion protections quickly, and to create a nationwide sanctu-
ary network. Only through coordinated action will we protect the people
left in the lurch by the Court's radical departure from Roe's precedent.
With this bill, New York will expand protection of abortion access to
those seeking care regardless of where they reside in the U.S.
 
LEGISLATIVE HISTORY:
A10372-A (2022)
 
FISCAL IMPLICATIONS:
None.
 
EFFECTIVE DATE:
The act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
6904
2023-2024 Regular Sessions
IN ASSEMBLY
May 8, 2023
___________
Introduced by M. of A. LAVINE, CRUZ, DINOWITZ, KELLES, JACOBSON, SIMON,
THIELE -- read once and referred to the Committee on Health
AN ACT to amend the public officers law, in relation to defense and
indemnity of certain officers and employees; and to create a state-re-
gulated program for expanding abortion services in New York state for
the benefit of out-of-state patients
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 "New York Santoro provider protection act of 2023".
3 § 2. Legislative intent. (a) Because access to reproductive and
4 abortion care and personal autonomy over reproductive decisions are
5 fundamental human rights, it is the intent of the New York legislature
6 to create a state-funded and regulated program to allow providers within
7 New York state to provide abortions and telehealth services to patients
8 who reside outside of New York.
9 (b) Because cross-border medical services implicate and involve inter-
10 state commerce, as U.S. citizens often travel between the states to
11 obtain such services, it is the intent of the New York legislature to
12 protect interstate travel and commerce, such as telehealth, for the
13 provision of abortion services in this state.
14 (c) Because strict limitations or bans on abortions infringe upon the
15 free exercise of religion, and other constitutional rights, it is the
16 intent of the New York legislature to protect those constitutional
17 rights.
18 (d) Because every year approximately 20 million women worldwide risk
19 their lives to undergo unsafe abortions, and understanding that persons
20 who reside in states that have restricted or intend to restrict access
21 to necessary abortions are more likely, as Geraldine Santoro did, to
22 seek unsafe methods or procedures to terminate pregnancies from unquali-
23 fied individuals, including themselves, it is the intent of the New York
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10312-01-3
A. 6904 2
1 legislature to prevent further physical harm to such persons from both
2 unsafe procedures and from dangerous complications related to pregnancy.
3 (e) Because strict limitations or bans on abortions will adversely
4 affect the rights of Americans in the exercise of personal control over
5 their bodies and health care decisions, and because these limitations
6 and bans will have a disproportionate impact on indigent persons and
7 persons of color, it is the intent of the New York legislature to
8 protect even persons outside the state of New York, in coordination with
9 other like-minded states.
10 (f) A specific legislative intent for this act is to protect commerce
11 within New York, and between New York and other states, including by (1)
12 protecting consumers of abortion-related services in New York or, if
13 appropriate, helping consumers find and obtain abortion-related services
14 in other states, (2) using common carriers, hotel chains, and transport
15 companies to facilitate consumer choice, (3) providing financial incen-
16 tives for new providers to enter the market for abortion-related
17 services, (4) thereby increasing competition between providers, which
18 will encourage higher-quality service at lower prices, (5) eliminating
19 barriers to market entry for such new providers, and (6) creating
20 protections and incentives for existing providers to expand coverage and
21 service for consumers of abortion-related services.
22 (g) Another specific intent of this act is to accord all patients who
23 travel to New York, and the abortion-service providers in New York, the
24 constitutional protections of Article VI of the United States Constitu-
25 tion, section 2, clause 1 (the Privileges and Immunities Clause), and of
26 the due process clause of the fourteenth amendment, which prohibits
27 states where abortion is either illegal or restricted from either (1)
28 punishing its residents who travel out-of-state for such services, or
29 (2) restraining or seeking to punish providers, or others who assist or
30 facilitate lawful abortions in New York, as well as the equal protection
31 clause of the fourteenth amendment which prohibits states from denying
32 to any person within its jurisdiction the equal protection of the laws.
33 "The tradition of American federalism stands squarely against efforts by
34 states to punish their citizens for conduct that is protected in the
35 sister state where it occurs."
36 (h) Because providers and common carriers who participate in this
37 newly enacted program are acting at the behest of New York state, under
38 duly executed contracts with the state to perform public service on a
39 temporary or occasional basis, and in compliance with New York state
40 regulations, and because using existing providers will create less
41 burden to New York taxpayers than increasing abortion services already
42 provided by the state-run healthcare facilities, and because the threat
43 of liability has the effect of deterring skilled and qualified individ-
44 uals from public service, it is the intent of the legislature to afford
45 immunity from suit or prosecution to any abortion-service provider with-
46 in New York state who provides abortion services to an out-of-state
47 patient, whether through telehealth or in-person, as well as to common
48 carriers and hotels, who participate in this program under contracts
49 with the state.
50 § 3. Travel to New York for abortions and related care. (a) Patients
51 living in the 50 U.S. States and territories, who (1) seek an abortion
52 that is unlawful or unavailable in their state of residence but is legal
53 and available in New York, and (2) declare financial need to pay for
54 such medical care or travel to New York, are eligible to apply for
55 financial assistance to travel to New York to obtain such medical
56 services referred to in this act as "the travel program" or "program".
A. 6904 3
1 (b) On an annual basis, the department of health, in consultation with
2 the not-for-profit corporation created for this purpose, as provided in
3 subdivision (c) of section four of this act, shall promulgate rules
4 setting forth the financial qualifications for obtaining such financial
5 assistance.
6 (c) Such rules shall be based upon the patient's declaration of finan-
7 cial means.
8 (d) Such rules shall aim to maximize the availability of funds from
9 all sources.
10 (e) To the extent permitted by law, such rules shall seek to obtain
11 reimbursement from the patient's health insurance.
12 (f) Immigration status shall not be a consideration in determining
13 financial eligibility or participation in the program in any way. No
14 information on legal immigration or residency status may be collected in
15 connection with this program.
16 § 4. Administration. (a) The department of health shall promulgate
17 rules and regulations consistent with this act within 60 days of the
18 effective date of this act.
19 (b) The travel program shall be funded through an annual appropriation
20 beginning in fiscal year 2023-2024.
21 (c) The department of health shall create a not-for-profit corpo-
22 ration, to be known as the "New York sanctuary project", to administer
23 the travel program and shall issue regulations to:
24 (1) Administer the travel program, including facilitating travel
25 arrangements and medical appointments for persons who declare the need
26 for them, and paying the costs when funds are available.
27 (2) Protect the personally identifiable data of any person or entity
28 that contacts, applies for, or receives assistance from the travel
29 program, in perpetuity and collect as little personally identifiable
30 data as practicable. All travel program partners shall take all neces-
31 sary steps to ensure the confidentiality of the individuals and entities
32 receiving services or funds from the travel program.
33 (3) Enter into contracts with providers of abortion services (whether
34 in-person or through telehealth options), which will require the provid-
35 ers to act in conformance with contractual requirements, comply with all
36 applicable laws or regulations, and certify compliance with same.
37 (4) Issue certificates of immunity to all providers and common carri-
38 ers who provide abortion services on a temporary or occasional basis
39 under the travel program.
40 (5) Raise private money to help pay for the travel program.
41 (6) Enter into partnerships, separately or in cooperation with other
42 sanctuary states, with existing, privately run not-for-profit corpo-
43 rations that can contribute funds or other resources to the travel
44 program.
45 (7) Maximize the availability of funds from sources other than New
46 York, such as, where eligible, the patient's private insurance or
47 private donations.
48 (8) Enter into agreements with common carriers, hotel chains, and
49 other service providers, separately or in cooperation with other sanctu-
50 ary states, for the purpose of administering the travel program
51 resources in a cost-efficient and compassionate manner.
52 (9) Broadly advertise the availability of, and the application process
53 for, the travel program in all 50 states and territories.
54 (10) Provide a fast-track option, in which applicants for financial
55 assistance receive notice of the determination on their application
56 within 48 hours of the application's receipt, or such other time limita-
A. 6904 4
1 tion as determined by the department of health or in cooperation with
2 other sanctuary states.
3 (11) Advertise the availability of the program, including within
4 states that have or will restrict or ban access to abortion services.
5 (12) Establish a panel of qualified pro bono lawyers, in coordination
6 with the existing reproductive legal defense networks, to defend persons
7 and providers sued or charged with abortion-related claims or crimes,
8 wherever those suits are brought.
9 § 5. Telehealth provisions. (a) As part of the program, the depart-
10 ment of health's regulations shall permit, to the maximum extent permit-
11 ted by state and federal law, health care practitioners within New York
12 to provide medical abortions to out-of-state residents through mail-ord-
13 er pharmacies and telehealth consultations, in which the patient would
14 use the abortifacient medication in their home state, or in a nearby
15 state (the "telehealth option").
16 (b) All medical services provided by New York health care practition-
17 ers and their staff, including the services of pharmacies where applica-
18 ble, for the telehealth option are hereby deemed to be provided within
19 the state of New York, regardless of where the patient resides.
20 (c) All protections that have been enacted to protect patients and
21 health care practitioners engaged in abortion care within New York shall
22 also apply to telehealth abortions, including protections from acts
23 against health care practitioners' licenses, against health care practi-
24 tioners' liability insurance, against health care practitioners' proper-
25 ty, and involving any criminal complaints or extradition attempts
26 related to abortion care.
27 § 6. Subdivision 1 of section 17 of the public officers law is amended
28 by adding a new paragraph (aa) to read as follows:
29 (aa) For the purposes of this section, the term "employee" shall
30 include employees, officers, and members of the board of the travel
31 program, and all providers and common carriers who provide abortion
32 services under the travel program, as established by a chapter of the
33 laws of two thousand twenty-three which added this paragraph.
34 § 7. Severability. If any provision, section, subsection, or clause of
35 this act or its application to any person or circumstance is held inval-
36 id, it is the legislature's intent that the invalidity does not affect
37 other provisions, sections, subsections, clauses or applications of this
38 act which can be given effect without the invalid provision, section,
39 subsection, or clause or application, and to this end the provisions of
40 this act are severable.
41 § 8. This act shall take effect immediately.