Tuesday, February 4, 2025

Protecting Reproductive Freedom: Governor Hochul Signs Legislation Affirming New York’s Status as a Safe Haven for Reproductive Health Care

Governor Hochul holds signed legislation.

Legislation S.36A/A.2145A Allows Providers Prescribing Medications Used To Perform Abortions To Print Their Practice’s Name on the Label Rather Than Their Own

Continues Governor’s Commitment To Safeguard Abortion Rights and Protect Reproductive Health Care Providers and Patients

Governor Kathy Hochul signed legislation to enable providers who prescribe medications used to perform abortions to request that the dispensing pharmacy print the name of their practice on prescription labels instead of their personal name. Despite attacks on reproductive rights from other states and the federal government, Governor Hochul affirmed her commitment that New York will remain a safe harbor for anyone seeking or providing reproductive health care.

“Reproductive freedom will always be protected in the State of New York — and I’ll never back down from this fight,” Governor Hochul said. “I’m taking action to strengthen protections for health care professionals and their patients, ensuring New York is a safe haven for anyone providing or receiving reproductive care. At a time when fundamental rights are under attack across the country, we are doubling down on our commitment to safeguard access to reproductive health care and defend those on the frontlines of this battle.”


Protecting the Privacy of Providers and Strengthening New York’s Shield Law

Following the Supreme Court’s troubling decision to overturn the constitutional right to abortion in Dobbs v. Jackson Women’s Health Organization in June 2022, various states across the nation have taken steps to limit access to abortion services. As of October 2024, 21 states enacted laws that impose greater restrictions than those previously allowed under Roe v. Wade. Among these, 13 states effectively implemented a complete ban, while another four states prohibited abortions after six weeks — a time when many women may not even realize they are pregnant. Over half of women aged 18-49 live in states with some form of abortion restrictions.

Legislation S.36A/A.2145A enhances New York’s shield law by offering additional protections for doctors prescribing medications used to perform abortions to patients in hostile states. This bill would allow prescribers to ask that the dispensing pharmacy print the name of their practice instead of their personal names on the prescription labels for mifepristone, misoprostol and generic alternatives. Governor Hochul reached an agreement with the Legislature to further strengthen these protections. The new measure allows providers to request that their practice address be listed instead, requires notice to the patient, and ensures that pharmacies assist with this protective measure.

Medication abortion has emerged as a crucial option for many individuals seeking abortions in states with hostile laws. In 2023, Governor Hochul signed legislation enacting a telehealth shield law (Chapter 138 of the laws of 2023), designed to provide extensive protection for New York-based doctors serving patients in those restrictive states through telehealth. This legislation safeguards health care practitioners in New York from states that may attempt to impose criminal penalties on them and offers protection from professional disciplinary actions or adverse decisions from medical malpractice insurers.

Thanks to New York’s shield law, providers in the State can provide medication used to treat abortion to patients in hostile states, assisting women who might otherwise struggle to access abortion care. Research from the Society for Family Planning indicates that one in five abortions conducted in December 2023 were via telehealth, with an estimated 48 percent of these procedures performed by doctors in states with shield laws like New York’s

 

Governor Hochul’s 2025 State of the State Commitment to ​​Protecting Reproductive Rights and Access to Abortion

Sustaining the Reproductive Freedom and Equity Grant Fund

The Reproductive Freedom and Equity Grant Fund was created by Governor Hochul in May 2022 to enhance abortion access and was codified in the State Fiscal Year 2025 budget. This initiative addresses the need for expanded reproductive health care services in New York. The fund has supported reproductive health providers and critical support programs to ensure equitable access to abortion care across the State. This year, Governor Hochul will distribute $25 million in funding for the program, with a focus on strengthening access to comprehensive reproductive care for all New Yorkers.

Fairly Reimbursing Providers for Abortion Services

For many years, reproductive health providers have not received funding that is adequate to cover the full costs of medication abortion care and other abortion services. As a result, too many providers have been under immense financial pressures while trying to accomplish their mission of providing safe and accessible abortion care to individuals across the State. Governor Hochul will provide a new flexible funding stream of $20 million to allow providers to better adapt to this possible impact of the incoming federal administration and ensure that these providers are fairly reimbursed for providing abortions.

Strengthening Reproductive Health Care Infrastructure

Many reproductive health care facilities in New York are in need of critical infrastructure updates in order to provide the full range of comprehensive services. Building on New York's investment in reproductive health providers through the Reproductive Freedom and Equity Grant Fund and security grant funding, Governor Hochul will expand the funding to support critical capital investments for providers. These funds will enable renovations, equipment upgrades, planning and construction to help facilities modernize and secure their operations. This action aims to ensure a broader network of providers can deliver high-quality reproductive health care to all New Yorkers.

Safeguarding Abortion as Emergency Medical Care

The federal Emergency Medical Treatment and Labor Act mandates that hospitals provide stabilizing care for patients with emergency medical conditions, regardless of their ability to pay. However, abortion is not explicitly defined as emergency medical care under New York law. Governor Hochul has prioritized protecting reproductive rights and ensuring equitable access to care. To address this gap, she will codify abortion as protected emergency medical care in New York State and require hospitals to provide this stabilizing emergency medical care, reinforcing access to abortion services when medically necessary.

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