A08212 Summary:

BILL NOA08212
 
SAME ASSAME AS S06311
 
SPONSORGlick
 
COSPNSRSimon, Gottfried, Jaffee, Griffin, Rosenthal L, Mosley, Lentol, Romeo, Simotas, Epstein, Buchwald, Blake, Otis, Wright, Rozic, Lupardo
 
MLTSPNSRCrouch
 
 
Authorizes the commissioner of health to conduct a study and issue a report examining the unmet health and resource needs facing pregnant women in New York and the impact of limited service pregnancy centers on the ability of women to obtain accurate, non-coercive health care information and timely access to a comprehensive range of reproductive and sexual health care services.
Go to top    

A08212 Actions:

BILL NOA08212
 
06/07/2019referred to health
06/13/2019reported referred to rules
06/18/2019reported
06/18/2019rules report cal.528
06/18/2019ordered to third reading rules cal.528
01/08/2020ordered to third reading cal.318
07/21/2020passed assembly
07/21/2020delivered to senate
07/21/2020REFERRED TO RULES
Go to top

A08212 Committee Votes:

HEALTH Chair:Gottfried DATE:06/13/2019AYE/NAY:19/7 Action: Favorable refer to committee Rules
GottfriedAyeRaiaNay
SchimmingerAyeMcDonoughNay
GalefAyeRaNay
DinowitzAyeGarbarinoNay
CahillAyeByrneNay
PaulinAyeByrnesNay
CymbrowitzAyeAshbyNay
GuntherAye
RosenthalAye
HevesiAye
JaffeeAye
SteckAye
AbinantiAye
BraunsteinAye
KimAye
SolagesAye
BichotteAye
BarronAye
SayeghAye

RULES Chair:Gottfried DATE:06/18/2019AYE/NAY:25/0 Action: Favorable
HeastieExcusedKolbAye
GottfriedAyeCrouchAye
LentolAyeFinchExcused
GanttExcusedBarclayAye
NolanExcusedRaiaAye
WeinsteinAyeHawleyAye
OrtizAyeGiglioAye
PretlowAyeMalliotakisAye
CookAye
GlickAye
AubryAye
EnglebrightAye
DinowitzAye
ColtonAye
MagnarelliAye
PerryAye
PaulinExcused
TitusExcused
Peoples-StokesAye
BenedettoAye
LavineAye
LupardoAye
ZebrowskiAye

Go to top

A08212 Floor Votes:

DATE:07/21/2020Assembly Vote  YEA/NAY: 99/43
Yes
Abbate
No
Crouch
No
Garbarino
Yes
Lupardo
Yes
Pheffer Amato
Yes
Solages
Yes
Abinanti
Yes
Cruz
No
Giglio
Yes
Magnarelli
Yes
Pichardo
No
Stec
Yes
Arroyo
Yes
Cusick
Yes
Glick
No
Malliotakis
Yes
Pretlow
Yes
Steck
No
Ashby
Yes
Cymbrowitz
No
Goodell
No
Manktelow
Yes
Quart
Yes
Stern
Yes
Aubry
Yes
Darling
Yes
Gottfried
Yes
McDonald
No
Ra
Yes
Stirpe
No
Barclay
Yes
Davila
Yes
Griffin
No
McDonough
Yes
Ramos
No
Tague
Yes
Barnwell
Yes
De La Rosa
Yes
Gunther
Yes
McMahon
No
Reilly
Yes
Taylor
Yes
Barrett
Yes
DenDekker
No
Hawley
No
Mikulin
Yes
Reyes
Yes
Thiele
Yes
Barron
No
DeStefano
Yes
Hevesi
No
Miller B
ER
Richardson
Yes
Vanel
Yes
Benedetto
Yes
Dickens
Yes
Hunter
Yes
Miller MG
Yes
Rivera
No
Walczyk
Yes
Bichotte
Yes
Dilan
Yes
Hyndman
No
Miller ML
Yes
Rodriguez
Yes
Walker
Yes
Blake
Yes
Dinowitz
Yes
Jacobson
No
Montesano
Yes
Rosenthal D
Yes
Wallace
No
Blankenbush
No
DiPietro
Yes
Jaffee
No
Morinello
Yes
Rosenthal L
No
Walsh
No
Brabenec
Yes
D'Urso
Yes
Jean-Pierre
Yes
Mosley
Yes
Rozic
Yes
Weinstein
Yes
Braunstein
No
Eichenstein
Yes
Johns
Yes
Niou
Yes
Ryan
Yes
Weprin
Yes
Bronson
Yes
Englebright
Yes
Jones
Yes
Nolan
No
Salka
Yes
Williams
Yes
Buchwald
Yes
Epstein
Yes
Joyner
No
Norris
No
Santabarbara
Yes
Woerner
Yes
Burke
Yes
Fahy
Yes
Kim
Yes
O'Donnell
Yes
Sayegh
Yes
Wright
No
Buttenschon
Yes
Fall
No
Kolb
Yes
Ortiz
ER
Schimminger
Yes
Zebrowski
No
Byrne
Yes
Fernandez
No
Lalor
Yes
Otis
No
Schmitt
Yes
Mr. Speaker
No
Byrnes
ER
Finch
Yes
Lavine
No
Palmesano
Yes
Seawright
Yes
Cahill
No
Fitzpatrick
No
Lawrence
No
Palumbo
Yes
Simon
Yes
Carroll
No
Friend
Yes
Lentol
Yes
Paulin
Yes
Simotas
Yes
Colton
Yes
Frontus
Yes
Lifton
Yes
Peoples-Stokes
No
Smith
Yes
Cook
Yes
Galef
No
LiPetri
Yes
Perry
No
Smullen

‡ Indicates voting via videoconference
Go to top

A08212 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A8212
 
SPONSOR: Glick (MS)
  TITLE OF BILL: An act authorizing the commissioner of health to conduct a study and issue a report examining the unmet health and resource needs facing pregnant women in New York and the impact of limited service pregnancy centers on the ability of women to obtain accurate, non-coercive health care information and timely access to a comprehensive range of reproductive and sexual health care services   PURPOSE OR GENERAL IDEA OF BILL: Authorizes the Commissioner of Health to conduct a study and issue a report examining the unmet health and resource needs facing pregnant women in New York and the impact of limited services pregnancy centers on the ability of women to obtain accurate, non-coercive health care information and timely access to a comprehensive range of reproductive and sexual health care services in alignment with their health care needs and that supports personal decision-making.   SUMMARY OF PROVISIONS: Section 1: Defines "limited services pregnancy center." Section 2: Authorization of study and study scope. Section 3: Study timeline and taskforce structure. The study will commence no later than six months following the effective date of this act. Section 4: Effective Date.   JUSTIFICATION: Decisions about pregnancy are time sensitive - whether a woman chooses to continue her pregnancy and needs prenatal care or wants to end her pregnancy and needs an abortion. If a woman becomes pregnant and chooses to continue the pregnancy, having a healthy pregnancy is critical both to her health and to ensuring positive pregnancy outcomes. The federal Centers for Disease Control and Prevention urges that comprehensive prenatal care begin as soon as a woman decides to become pregnant. Like prenatal care, delayed access to abortion and emergency contraception pose a threat to public health. Abortion is one of the safest health care procedures, but delays in accessing abortion increase the risk of complications, as well as financial burdens, and may elimi- nate a women's ability to obtain care altogether, severely limiting her reproductive health options. New York State has prioritized improving access to adequate and early prenatal care, timely abortion care, and emergency contraception, as well as, and in connection to, reducing maternal mortality and morbidity rates and disparities. To that end, identifying gaps in health care and unmet resource and pregnancy-support needs, in particular for low-income communities, is critical to achieving optimal health outcomes for women who are or may be pregnant. In New York there exist unlicensed entities that offer limited pregnan- cy-related services, such as pregnancy tests or ultrasonography, run by organizations that have the core goal of persuading pregnant women and teens to choose to continue the pregnancy. Research by the Government Accountability Office and by advocacy organizations in many states, including New York, have documented that some such entities engage in misleading or deceptive practices. Some of these practices include providing inaccurate medical information, promising monetary support, or imitating reproductive health clinics so as to lead women to believe they are either receiving comprehensive counseling on their options or are in fact in a licensed facility that provides or refers for compre- hensive reproductive health care services. In past studies, some of these entities provide inaccurate, misleading, or stigmatizing informa- tion about abortion and contraception, or even about a woman's own health status or pregnancy. The State of New York respects the right of individuals to express and promote their opinions and beliefs, including those on pregnancy and abortion. In addition, the legislature also finds that the State has a strong interest in ensuring that individuals seeking medical care and pregnancy-related services are able to find these services seamlessly without interference or coercion. Meeting the health and resource needs of pregnant women, as well as the potential negative impact of certain practices by unlicensed facilities that offer limited pregnancy services, are matters of state concern and understanding those practices, how to address any resulting harms, and how to support pregnant women's unfulfilled health care and resource needs are important exercises of the legislature's constitutional mandate to protect the public health.   PRIOR LEGISLATIVE HISTORY: None, new.   FISCAL IMPLICATIONS: To be determined.   EFFECTIVE DATE: This act shall take effect immediately.
Go to top

A08212 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          8212
 
                               2019-2020 Regular Sessions
 
                   IN ASSEMBLY
 
                                      June 7, 2019
                                       ___________
 
        Introduced  by  M.  of  A. GLICK, SIMON -- read once and referred to the
          Committee on Health
 
        AN ACT authorizing the commissioner of health to  conduct  a  study  and
          issue  a  report  examining the unmet health and resource needs facing
          pregnant women in New York and the impact of limited service pregnancy
          centers on the ability  of  women  to  obtain  accurate,  non-coercive
          health  care information and timely access to a comprehensive range of
          reproductive and sexual health care services
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.   Definition. As used in this act, "limited services preg-
     2  nancy center" means a facility or entity, including a  mobile  facility,
     3  the  primary  purpose of which is to provide services to clients who are
     4  or may be pregnant, that:
     5    1. (a) is not a health care facility licensed by the state of New York
     6  under article 28 of the public health law or articles 31 and 32  of  the
     7  mental hygiene law; or
     8    (b)  is  not  providing  services under the direction of a health care
     9  provider licensed under title 8 of the education law who is acting with-
    10  in his or her scope of practice; and
    11    2. fails to provide or refer  for  the  full  range  of  comprehensive
    12  reproductive  and  sexual  health  care  services  reimbursed  under the
    13  state's Medicaid program including, but not  limited  to  contraception,
    14  testing and treatment of sexually transmitted infections, abortion care,
    15  and prenatal care.
    16    §  2.  Authorization  of study and study scope. 1. The commissioner of
    17  health  (hereinafter  "the  commissioner")  is  hereby  authorized   and
    18  directed  to  conduct  a  study  and  issue a report examining the unmet
    19  health and resource needs facing pregnant women  in  New  York  and  the
    20  impact  of  limited service pregnancy centers on the ability of women to
    21  obtain accurate, non-coercive health care information and timely  access
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11745-02-9

        A. 8212                             2
 
     1  to a comprehensive range of reproductive and sexual health care services
     2  in  alignment  with  their  health care needs and that supports personal
     3  decision-making.
     4    2.  The commissioner may request, and shall receive upon request, data
     5  and information from such entities and other relevant  sources  to  meet
     6  the  purposes  of  the  study. This information shall include but not be
     7  limited to:
     8    (a) what state and/or federal funds or tax or other subsidies, if any,
     9  are directly  or  indirectly  allocated  to  limited  service  pregnancy
    10  centers  in  the state and the names and locations of such organizations
    11  receiving government funding;
    12    (b) whether the limited service pregnancy centers  in  the  state  are
    13  part of larger umbrella organizations that operate limited service preg-
    14  nancy  centers  across  the  country,  and if so, whether those umbrella
    15  organizations receive state and/or federal funding;
    16    (c) the services provided by limited  service  pregnancy  centers  and
    17  what  services  are  most frequently sought at limited service pregnancy
    18  centers;
    19    (d) the number of women who access services at limited  service  preg-
    20  nancy  centers, the geographic regions in which each woman accessing the
    21  services of these centers resides, the distance to the nearest  licensed
    22  medical  facility  providing these services, the prices charged for such
    23  services, and  the  basic  demographic  information  about  each  woman,
    24  including  race,  age, and marital status. Basic demographic information
    25  included in any report shall be published in the aggregate so that it is
    26  impossible to identify any particular individual;
    27    (e) whether pregnancy centers  hold  themselves  out  to  the  public,
    28  either  in  person, through community participation or events or through
    29  their advertising or websites, as  medical  facilities  or  entities  in
    30  which comprehensive, all-options pregnancy counseling is provided;
    31    (f)  whether  women  seeking  or accessing services at limited service
    32  pregnancy  centers  are  seeking  comprehensive  options  counseling  or
    33  services  at  medical  facilities  and  whether women have experienced a
    34  delay in receiving health care, including abortion or the initiation  of
    35  prenatal care, due to a visit to a limited service pregnancy center;
    36    (g)  whether  limited  service  pregnancy  centers enroll women in any
    37  public benefits programs or connect women to other services, and if  so,
    38  which services limited service pregnancy centers connect women to;
    39    (h) the nature of information given to clients or potential clients at
    40  pregnancy  centers  and the nature of limited service pregnancy centers'
    41  operational manuals,  handbooks  or  guidelines  in  connection  to  the
    42  provision of services to clients;
    43    (i)  the  number  of state-certified medical professionals on staff or
    44  volunteering at limited service pregnancy centers and the number who are
    45  providing medical services or counseling on site during regular business
    46  hours at limited service pregnancy centers and whether pregnancy centers
    47  inform women whether or not they have any medical professionals  on  the
    48  premises, on staff, or in a volunteer capacity; and
    49    (j) whether limited service pregnancy centers collect medical informa-
    50  tion  and  what  other information is collected upon intake, how limited
    51  service pregnancy centers handle medical and other client  records,  and
    52  whether  the  medical  records  are in compliance with federal and state
    53  requirements governing medical privacy.
    54    § 3. Study timeline and taskforce structure. The study  will  commence
    55  no  later  than six months following the effective date of this act. The
    56  commissioner shall establish a temporary taskforce of  nine  members  to

        A. 8212                             3
 
     1  support  the  department  of health in the development of the study, the
     2  review of the findings and the establishment of specific recommendations
     3  for solutions to address any service gaps  or  negative  impact  in  the
     4  state  identified  through  the study. The taskforce shall have adequate
     5  geographical representation and include but not necessarily  be  limited
     6  to: a representative of the division of consumer protection; a member of
     7  the  New  York  state  department of health advisory council on maternal
     8  mortality and morbidity; a member of American college  of  obstetricians
     9  and gynecologists whose practice includes the provision of all pregnancy
    10  related  care, including birth and termination of pregnancy; an individ-
    11  ual with professional experience in the fields of  reproductive  rights,
    12  health  and/or justice; a member with professional experience and exper-
    13  tise in the first amendment and free speech rights; and a  staff  member
    14  from  the  Bureau  Of  Social  Justice within the office of the New York
    15  state attorney general. The taskforce shall  be  appointed  as  follows:
    16  three  members  to  be  appointed  by  the governor; three members to be
    17  appointed by the temporary president of the senate; and three members to
    18  be appointed by the speaker of  the  assembly.  The  commissioner  shall
    19  issue  a  report  to  the  governor and the legislature, and publish the
    20  report on its public website, containing the findings and policy  recom-
    21  mendations no later than eighteen months following the effective date of
    22  this  act.  The  report may include de-identified patient information in
    23  the aggregate, but shall not include  personally  identifiable  informa-
    24  tion.
    25    § 4. This act shall take effect immediately.
Go to top