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A06904 Summary:

BILL NOA06904
 
SAME ASNo Same As
 
SPONSORLavine
 
COSPNSRCruz, Dinowitz, Kelles, Jacobson, Simon, Thiele
 
MLTSPNSR
 
Amd 17, Pub Off L
 
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.
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A06904 Actions:

BILL NOA06904
 
05/08/2023referred to health
01/03/2024referred to health
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A06904 Memo:

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.
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A06904 Text:



 
                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.
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