- Summary
- Actions
- Committee Votes
- Floor Votes
- Memo
- Text
- LFIN
- Chamber Video/Transcript
A08212 Summary:
BILL NO | A08212 |
  | |
SAME AS | SAME AS S06311 |
  | |
SPONSOR | Glick |
  | |
COSPNSR | Simon, Gottfried, Jaffee, Griffin, Rosenthal L, Mosley, Lentol, Romeo, Simotas, Epstein, Buchwald, Blake, Otis, Wright, Rozic, Lupardo |
  | |
MLTSPNSR | Crouch |
  | |
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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. |
A08212 Actions:
BILL NO | A08212 | |||||||||||||||||||||||||||||||||||||||||||||||||
  | ||||||||||||||||||||||||||||||||||||||||||||||||||
06/07/2019 | referred to health | |||||||||||||||||||||||||||||||||||||||||||||||||
06/13/2019 | reported referred to rules | |||||||||||||||||||||||||||||||||||||||||||||||||
06/18/2019 | reported | |||||||||||||||||||||||||||||||||||||||||||||||||
06/18/2019 | rules report cal.528 | |||||||||||||||||||||||||||||||||||||||||||||||||
06/18/2019 | ordered to third reading rules cal.528 | |||||||||||||||||||||||||||||||||||||||||||||||||
01/08/2020 | ordered to third reading cal.318 | |||||||||||||||||||||||||||||||||||||||||||||||||
07/21/2020 | passed assembly | |||||||||||||||||||||||||||||||||||||||||||||||||
07/21/2020 | delivered to senate | |||||||||||||||||||||||||||||||||||||||||||||||||
07/21/2020 | REFERRED TO RULES |
A08212 Committee Votes:
Gottfried | Aye | Raia | Nay | ||||||
Schimminger | Aye | McDonough | Nay | ||||||
Galef | Aye | Ra | Nay | ||||||
Dinowitz | Aye | Garbarino | Nay | ||||||
Cahill | Aye | Byrne | Nay | ||||||
Paulin | Aye | Byrnes | Nay | ||||||
Cymbrowitz | Aye | Ashby | Nay | ||||||
Gunther | Aye | ||||||||
Rosenthal | Aye | ||||||||
Hevesi | Aye | ||||||||
Jaffee | Aye | ||||||||
Steck | Aye | ||||||||
Abinanti | Aye | ||||||||
Braunstein | Aye | ||||||||
Kim | Aye | ||||||||
Solages | Aye | ||||||||
Bichotte | Aye | ||||||||
Barron | Aye | ||||||||
Sayegh | Aye | ||||||||
Heastie | Excused | Kolb | Aye | ||||||
Gottfried | Aye | Crouch | Aye | ||||||
Lentol | Aye | Finch | Excused | ||||||
Gantt | Excused | Barclay | Aye | ||||||
Nolan | Excused | Raia | Aye | ||||||
Weinstein | Aye | Hawley | Aye | ||||||
Ortiz | Aye | Giglio | Aye | ||||||
Pretlow | Aye | Malliotakis | Aye | ||||||
Cook | Aye | ||||||||
Glick | Aye | ||||||||
Aubry | Aye | ||||||||
Englebright | Aye | ||||||||
Dinowitz | Aye | ||||||||
Colton | Aye | ||||||||
Magnarelli | Aye | ||||||||
Perry | Aye | ||||||||
Paulin | Excused | ||||||||
Titus | Excused | ||||||||
Peoples-Stokes | Aye | ||||||||
Benedetto | Aye | ||||||||
Lavine | Aye | ||||||||
Lupardo | Aye | ||||||||
Zebrowski | Aye | ||||||||
Go to top
A08212 Floor Votes:
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
A08212 Memo:
Go to topNEW 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.
A08212 Text:
Go to top 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. LBD11745-02-9A. 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 toA. 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.