Tag Archives: Roe v Wade

FACT SHEET: Marking 51st Anniversary of Roe v. Wade, White House Task Force on Reproductive Healthcare Access Announces New Actions; Biden, Harris Vow to Restore Rights

Women’s March on Washington, Jan. 21, 2017. The contrast couldn’t be more stark: Women march in record numbers in Washington the day after Trump’s inauguration; Trump now boasts how he is responsible for the Supreme Court overturning women’s reproductive rights. The majority of Americans want reproductive freedom. Today, on what would have been the 51st anniversary of Roe, President Biden and Vice President Harris affirmed their commitment to restore women’s rights, bodily autonomy and self-determination. © Karen Rubin/news-photos-features.com

Biden-Harris Administration Announces New Actions to Help Strengthen Access to Contraception, Protect Access to Medication Abortion, and Ensure Patients Receive Emergency Medical Care

Today, on what would have been the 51st anniversary of Roe v. Wade, women’s health and lives hang in the balance due to extreme state abortion bans. These dangerous state laws have caused chaos and confusion, as women are being turned away from emergency rooms, forced to travel hundreds of miles, or required to go to court to seek permission for the health care they need.  

In the face of the continued threats to reproductive freedom, President Biden convened the fourth meeting of the Task Force on Reproductive Healthcare Access, where agencies announced new actions to protect access to reproductive health care. The Task Force also heard directly from physicians who are on the frontlines of the fallout from the overturning of Roe v. Wade.  

Opening the meeting, President Biden declared:  

Fifty-one years ago today, in Roe v. Wade, the Supreme Court recognized a woman’s constitutional right to choose — constitutional right to choose — the right to make a deeply personal decision with her doctor, free from the interference of politicians. I believe Roe v. Wade was right.  But then, a year and a half ago, this Supreme Court made an extreme decision, overturning Roe with their Dobbs decision, to rip away a constitutional right from the American people, which had never been done before — a fundamental right ripped away — important to so many Americans, a right that is vital to a country founded on the idea of freedom.  
 
I said on that day that Roe was overturned, the health and lives of women in this nation would now be at risk.  And that has unfortunately proven to be true…Today, in 2024 in America, women are turned away from emergency rooms, forced to travel hundreds of miles to get basic healthcare in another state that may have a different rule, forced to go to court to plead for help… 
 
The cruelty is astounding — an affront to a woman’s dignity, being told by extreme politicians to wait, to get sicker and sicker to the point where her life may be in danger before you can get the care you need. That cruel reality is the result of extreme Republicans who, for years, have made it their mission to end the Roe v. Wade decision. 
 
Since Roe was overturned, in 21 states, abortion bans are now in effect, many with no exception for rape or incest. We have doctors with us today who are on the frontlines of this crisis.  And they can attest to the consequences that these extreme laws are having on doctors and on their ability to care for their patients. Some doctors are fleeing their home states because of laws that would send them to prison for providing evidence-based healthcare. In states like Texas, doctors can get a life sentence — a life sentence for providing the care they were trained to provide.  It’s outrageous.  It’s simply outrageous.
 
And, frankly, this is just the beginning. My congressional Republican friends are going to even further extremes to undermine a woman’s rights and threatening the lives of women. Three different Republican members in the United States Congress have proposed three different additional national bans to criminalize healthcare in every state.  Let me tell you what they are.
 
One is a zero-week ban with absolutely no exceptions — a zero-week with absolutely no exceptions.  The second is a six-week ban.  The penalty for violating it is jail.  The third is a 15-week ban.  The penalty is a five-year prison sentence.
 
That means even if you live in a state where the extremist Republicans are not running the show, your right to choose, your right to privacy would still be at risk if this law was passed — any of these were passed nationally.
 
And the extreme right is trying to limit all women in America from getting a safe and effective medication, approved by the Federal Drug Administration over 20 years ago based on the FDA’s independent expert judgment.  They’re trying to block women from getting this medication even in states where abortion is legal. 
 
And on top of all of that, if you live in a state where you cannot get this care you need and you make a plan to travel to a state where you can get the[medical care],[Republican officials] are trying to stop that as well. In Alabama the Attorney General is threatening to prosecute people who help family members travel to another state.
 
Folks, this is what it looks like when the right to privacy is under attack.  These extreme laws have no place in the United States of America. 
 
You know, the American people know these laws are wrong.  The vast majority of Americans believe the right to choose is fundamental. 
 
Also today, the Vice President launch her nationwide Fight for Reproductive Freedoms tour to continue fighting back against extreme attacks throughout America. “These extremists want to roll back the clock to a time before women were treated as full citizens,” she declared at the kick-off event in Waukesha County, Wisconsin, 51 years to the day that Roe v. Wade was decided.

“As we face this crisis, as we are clear eyed about the harm, let us also understand who is responsible, shall we? The former president hand picked three Supreme Court justices because they intended for them to overturn Roe. .. Proud? Proud? Proud that women across our nation are suffering? Proud that women have been robbed of a fundamental freedom? Proud that doctors could be thrown in prison for caring for their patients, that young people today have fewer rights than their mothers and their grandmothers? How dare he?” the Vice President declared.

Biden-Harris Administration Actions to Protect Reproductive Health Care
 
During the Task Force meeting, members reported on ongoing implementation of the President’s three Executive Orders and a Presidential Memorandum on access to reproductive health care and announce new steps to: 

  • Strengthen Contraception Access and Affordability for Women with Private Health Insurance. The Administration is committed to ensuring that women have access to contraception—an essential component of reproductive health care that has only become more important in the wake of the Supreme Court’s decision to overturn Roe v. Wade—and reducing barriers that women face in accessing contraception prescribed by their provider. The Departments of the Treasury, Labor, and Health and Human Services (HHS) are issuing new guidance to clarify standards and support expanded coverage of a broader range of FDA-approved contraceptives at no cost under the Affordable Care Act. This action builds on the progress already made by the Affordable Care Act to expand access to affordable contraception for millions of women nationwide.

    In addition, the Office of Personnel Management will strengthen access to contraception for federal workers, retirees, and family members by issuing guidance to insurers participating in the Federal Employee Health Benefits Program that incorporates the Departments’ guidance. OPM will also newly require insurers that participate in the Federal Employee Health Benefits Program to take additional steps to educate enrollees about their contraception benefits.
    • Reinforce Obligations to Cover Affordable Contraception. The Secretary of HHS is issuing a letter to private health insurers, state Medicaid and Children’s Health Insurance Programs, and Medicare plans about their obligations to cover contraception for those they serve. The letter targets a wide range of payers to advance compliance with existing standards and underscore the Administration’s commitment to ensuring that women across the country can access affordable contraception. The letter also highlights recent HHS action to expand coverage and improve payment for contraceptives for Medicare beneficiaries, improving access for women with disabilities.
       Educate Patients and Health Care Providers on Their Rights and Obligations for Emergency Medical Care. The Administration is committed to helping ensure all patients, including women who are experiencing pregnancy loss and other pregnancy-related emergencies, have access to emergency medical care required under the Emergency Medical Treatment and Labor Act (EMTALA). The Administration has long taken the position that the required emergency care can, in some circumstances, include abortion care. The Department of Justice (DOJ) is defending that interpretation of the law before the Supreme Court, which is expected to rule by June. 

      To increase awareness of EMTALA and improve the procedures for ensuring that patients facing all types of medical emergencies receive the care to which they are entitled, HHS is announcing today a comprehensive plan to educate all patients about their rights and to help ensure hospitals meet their obligations under federal law. This effort will include the launch of new accessible and understandable resources about rights and protections for patients under EMTALA and the process for submitting a complaint. HHS will also disseminate training materials for health care providers and establish a dedicated team of experts who will increase the Department’s capacity to support hospitals and providers across the country in complying with federal requirements—to help ensure that every patient receives the emergency medical care required under federal law.
       
  • Protect Access to Safe and Legal Medication Abortion. One year ago today, President Biden issued a Presidential Memorandum directing further efforts to support patients, providers, and pharmacies who wish to legally access, prescribe, or provide medication abortion—including by taking steps to safeguard their safety and security. Today, the Department of Health and Human Services, the Department of Justice, and the Department of Homeland Security will report on their implementation of this Presidential Memorandum, including the resources they have disseminated to health care providers, including pharmacies, to support safe access to legal medication abortion.

 Today’s announcements build on the Administration’s strong record of taking action since the Supreme Court’s decision to overturn Roe v. Wade. These ongoing efforts to defend reproductive rights include:
 
Protecting Access to Abortion, including Medication Abortion

  • Defend FDA Approval of Medication Abortion in Court.  The Food and Drug Administration (FDA) and DOJ are defending access to mifepristone—a safe and effective drug used in medication abortion that FDA first approved more than twenty years ago—and FDA’s independent, expert judgment in court, including in a lawsuit before the Supreme Court that attempts to curtail access nationwide. The Administration will continue to stand by FDA’s decades-old approval and regulation of the medication and by FDA’s ability to review, approve, and regulate a wide range of prescription medications. Efforts to impose outdated restrictions on mifepristone would limit access to reproductive health care in every state in the country.
    • Protect Access to Safe and Legal Medication Abortion.  On what would have been the 50th anniversary of Roe v. Wade, President Biden issued a Presidential Memorandum directing agencies to consider further efforts to protect access to medication abortion. This Presidential Memorandum was issued in the face of attacks by state officials to prevent women from accessing mifepristone and discourage pharmacies from becoming certified to dispense the medication. These attacks followed independent, evidence-based action taken by FDA to allow mifepristone to continue to be prescribed by telehealth and sent by mail as well as to enable interested pharmacies to become certified.
       
    • Partner with State Leaders on the Frontlines of Abortion Access.  The White House continues to partner with leaders on the frontlines of protecting access to abortion—both those fighting extreme state legislation and those advancing proactive policies to protect access to reproductive health care, including for patients who are forced to travel out of state for care. The Vice President has led these efforts, traveling to 20 states and meeting with more than 250 state legislators, health care providers, and advocates in the past year. Today, she is kicking off her nationwide Fight for Reproductive Freedoms tour in Wisconsin.
       
    • Ensure Access to Emergency Medical Care.  Republican elected officials in states across the country have put women’s lives at risk by banning abortion even when her doctor determines that an abortion is necessary to prevent serious health consequences. The Administration is committed to ensuring all patients, including women who are experiencing pregnancy loss and other pregnancy-related emergencies, have access to the full rights and protections for emergency medical care afforded under federal law—including abortion care when that is the stabilizing treatment required. HHS issued guidance and Secretary Becerra sent letters to providers affirming the Administration’s view that EMTALA preempts conflicting state law restricting access to abortion in emergency situations. The Department of Justice has taken action defend and enforce these protections in court, including in a case currently before the Supreme Court.
       
    • Provide Access to Reproductive Health Care for Veterans.  The Department of Veterans Affairs (VA) issued an interim final rule to allow VA to provide abortion counseling and, in certain circumstances, abortion care to veterans and VA beneficiaries. VA provides abortion services when the health or life of the patient would be endangered if the pregnancy were carried to term or when the pregnancy is a result of rape or incest. When working within the scope of their federal employment, VA employees may provide abortion services as authorized by federal law regardless of state restrictions. DOJ will support and provide representation to any VA providers whom states attempt to prosecute for violations of state abortion laws where those providers were appropriately carrying out their duties under VA’s interim final rule. 
       
    • Support Access to Care for Service Members.  The Department of Defense (DoD) has taken action to ensure that Service members and their families can access reproductive health care and that DoD health care providers can operate effectively. DoD has released policies to support Service members and their families’ ability to travel for lawful non-covered reproductive health care and to bolster Service members’ privacy and afford them the time and space needed to make personal health care decisions.
       
    • Defend Reproductive Rights in Court. DOJ created a Reproductive Rights Task Force, which monitors and evaluates state and local actions that threaten to infringe on federal protections relating to the provision or pursuit of reproductive health care, impair women’s ability to seek abortion care where it is legal, impair individuals’ ability to inform and counsel each other about the care that is available in other states, ban mifepristone based on disagreement with FDA’s expert judgment about its safety and efficacy, or impose criminal or civil liability on federal employees who provide legal reproductive health services in a manner authorized by federal law.

 Supporting Women’s Ability to Travel for Medical Care

  • Defend the Right to Travel.  On the day of the Supreme Court’s decision to overturn Roe v. Wade, President Biden reaffirmed the Attorney General’s statement that women must remain free to travel safely to another state to seek the care they need. In November 2023, DOJ filed a statement of interest in two lawsuits challenging the Alabama Attorney General’s threat to prosecute people who provide assistance to women seeking lawful out-of-state abortions. DOJ explained that the threatened Alabama prosecutions infringe the constitutional right to travel and made clear that states may not punish third parties for assisting women in exercising that right. DOJ continues to monitor states’ efforts to restrict the constitutional right to travel across state lines to receive lawful health care.  
    • Support Patients Traveling Out of State for Medical Care.  HHS issued a letter to U.S. governors inviting them to apply for Section 1115 waivers to expand access to care under the Medicaid program for women traveling from a state where reproductive rights are under attack and women may be denied medical care. HHS continues to encourage state leaders to consider and develop new waiver proposals that would support access to reproductive health care services.

 
Safeguarding Access to Contraception

  • Strengthen Access to Affordable, High-Quality Contraception.  Ahead of the one-year anniversary of the Supreme Court’s decision to overturn Roe v. Wade, the President issued an Executive Order directing agencies to consider actions to improve access and affordability for women with private health insurance; promote increased access to over-the-counter contraception; support access to affordable contraception through Medicaid and Medicare; ensure Service members, veterans, and Federal employees are able to access contraception; bolster contraception access across Federal health programs; and support access for college students and employees. These are just some of the recent actions taken by the Biden-Harris Administration to implement this Executive Order:
    • Following FDA’s approval of the first daily oral contraceptive in the United States without a prescription, the Departments of the Treasury, Labor, and HHS issued a Request for Information to solicit public input on how to best ensure coverage and access to over-the-counter preventive services, including contraception, at no cost and without a prescription from a health care provider.
    • Vice President Harris and the Department of Education convened representatives from 68 college and university leaders in 32 states to hear promising strategies from leaders of postsecondary institutions for protecting and expanding access to contraception for their students and on campus.
    • The Gender Policy Council, Domestic Policy Council, and leaders from the Departments of the Treasury, Labor, and HHS convened private sector leaders to stress the need to continue to build on the significant progress already made under the Affordable Care Act in expanding access to contraception and call on participants to take robust additional actions to improve access.
    • The Health Resources and Services Administration proposed new data measures for federally funded health centers that, once finalized, will help ensure that patients are screened for contraception needs. Screening and data measures will help enhance the overall delivery of voluntary family planning and related services, which is a required primary health care service under federal law.
    • The Office of Personnel Management launched a public education campaign to highlight contraception benefits available to federal employees and their family members.
    • HHS is continuing its public-private partnership to expand access to contraception with Upstream, a national nonprofit organization that provides health centers with free patient-centered, evidence-based training and technical assistance to eliminate provider-level barriers to offering the full range of contraceptive options. To date, HHS has connected Upstream to nearly 100 health care clinics, resulting in partnerships that will help Upstream accelerate their national expansion to reach 5 million women of reproductive age every year. 
    • Clarify Protections for Women with Private Health Insurance. Under the Affordable Care Act, most private health plans must provide coverage for contraception and family planning counseling with no out-of-pocket costs. The Departments of the Treasury, Labor, and HHS convened a meeting with health insurers and employee benefit plans. These agencies called on the industry to meet their obligations to cover contraception as required under the law. Following this conversation, these agencies issued guidance to clarify protections for contraceptive coverage under the Affordable Care Act.
       
    • Expand Access Under the Affordable Care Act.  The Departments of the Treasury, Labor, and HHS proposed a rule to strengthen access to contraception under the Affordable Care Act so all women with private health coverage who need and want contraception can obtain it without cost sharing. Millions of women have already benefited from this coverage, which has helped them save billions of dollars on contraception.
       
    • Support Title X Clinics.  Last year, HHS provided $263 million to over 4,000 Title X clinics across the country to provide a wide range of voluntary, client-centered family planning and related preventive services. The Title X Family Planning Program remains a critical part of the nation’s safety net, providing free or low-cost services for 2.6 million clients in 2022.
       
    • Promote Access to Contraception for Service Members and Their Families and Certain Dependents of Veterans.  To improve access to contraception at military hospitals and clinics, DoD expanded walk-in contraceptive care services for active-duty Service members and other Military Health System beneficiaries, and eliminated TRICARE copays for certain contraceptive services. And VA proposed a rule to eliminate out-of-pocket costs for certain types of contraception through the Civilian Health and Medical Program of the Department of Veterans Affairs.

 
Promoting Safety and Security of Patients, Providers, and Clinics

  • Promote Safety and Security of Patients, Providers and Clinics. DOJ continues to robustly enforce the Freedom of Access to Clinic Entrances Act, which protects the right to access and provide reproductive health services.

 
Safeguarding Privacy and Sensitive Health Information

  • Strengthen Reproductive Health Privacy under HIPAA.  HHS issued a proposed rule to strengthen privacy protections under the Health Insurance Portability and Accountability Act (HIPAA). As proposed, this rule would prevent an individual’s information from being disclosed to investigate, sue, or prosecute an individual, a health care provider, or a loved one simply because that person sought, obtained, provided, or facilitated legal reproductive health care, including abortion. By safeguarding sensitive information related to reproductive health care, the rule will strengthen patient-provider confidentiality and help health care providers give complete and accurate information to patients. Prior to the proposed ruleHHS issued guidance reaffirming HIPAA’s existing protections for the privacy of individuals’ protected health information.
    • Take Action Against Illegal Use and Sharing of Sensitive Health Information.  The Federal Trade Commission (FTC) has committed to enforcing the law against illegal use and sharing of highly sensitive data, including information related to reproductive health care. Consistent with this commitment, the FTC has taken several enforcement actions against companies for disclosing consumers’ personal health information, including highly sensitive reproductive health data, without permission.
       
    • Help Consumers Protect Their Personal Data.  The Federal Communications Commission (FCC) launched a new guide for consumers on best practices for protecting their personal data, including geolocation data, on mobile phones. The guide follows a Notice of Proposed Rulemaking issued by FCC that would strengthen data breach rules to provide greater protections to personal data. Separately, HHS issued a how-to guide for consumers on steps they can take to better protect their data on personal cell phones or tablets and when using mobile health apps, like period trackers, which are generally not protected by HIPAA.
       
    • Protect Students’ Health Information.  ED issued guidance to over 20,000 school officials to remind them of their obligations to protect student privacy under the Family Educational Rights and Privacy Act (FERPA). The guidance helps ensure that school officials—at federally funded school districts, colleges, and universities—know that, with certain exceptions, they must obtain written consent from eligible students or parents before disclosing personally identifiable information from students’ educational records, which may include student health information. The guidance encourages school officials to consider the importance of student privacy, including health privacy, with respect to disclosing student records. ED also issued a know-your-rights resource to help students understand their privacy rights for health records at school. 
       
    • Safeguard Patients’ Electronic Health Information.  HHS issued guidance affirming that doctors and other medical providers can take steps to protect patients’ electronic health information, including their information related to reproductive health care. HHS makes clear that patients have the right to ask that their electronic health information generally not be disclosed by a physician, hospital, or other health care provider. The guidance also reminds health care providers that HIPAA’s privacy protections apply to patients’ electronic health information.

 
Reinforcing Nondiscrimination Protections under Federal Law

  • Protect Students from Discrimination Based on Pregnancy.  The Department of Education (ED) released a resource for universities reiterating their responsibilities not to discriminate on the basis of pregnancy or pregnancy-related conditions, including termination of pregnancy. This guidance reminds schools of their existing and long-standing obligations under Title IX.
    • Strengthen Nondiscrimination in Healthcare.  HHS issued a proposed rule to strengthen nondiscrimination in health care. The proposed rule would implement Section 1557 of the Affordable Care Act and affirms protections consistent with President Biden’s Executive Orders on nondiscrimination based on sexual orientation and gender identity.

 
Providing Access to Accurate Information and Legal Resources

  • Ensure Easy Access to Reliable Information.  HHS launched and maintains ReproductiveRights.gov, which provides timely and accurate information on people’s right to access reproductive health care, including contraception, abortion services, and health insurance coverage, as well as how to file a patient privacy or nondiscrimination complaint. DOJ also launched justice.gov/reproductive-rights, a webpage that provides a centralized online resource on the Department’s ongoing work to protect access to reproductive health care services under federal law.
    • Hosted a Convening of Lawyers in Defense of Reproductive Rights.  DOJ and the Office of White House Counsel convened more than 200 lawyers and advocates from private firms, bar associations, legal aid organizations, reproductive rights groups, and law schools across the country for a convening of pro-bono attorneys, as directed in the first Executive Order. Following this convening, reproductive rights organizations launched the Abortion Defense Network to offer abortion-related legal defense services, including legal advice and representation.

 
Promote Research and Data Collection

Use Data to Track Impacts on Access to Care.  HHS convened leading experts to discuss the state of existing reproductive health research and what the data tells us about the impact of the overturning of Roe v. Wade, as well as the future of research on reproductive health care access. These convenings helped identify research gaps, opportunities for collaboration, and ways to bolster research efforts for both Federal agencies and external partners.

FACT SHEET: Biden Issues Executive Order on Strengthening Access to Contraception

“My Body My Business.” New Yorkers protest for women’s reproductive freedom © Karen Rubin/news-photos-features.com

On the one-year anniversary since the radical rightwing majority on the Supreme Court overturned women’s constitutional rights to reproductive freedom under Roe v. Wade, President Biden issued an Executive Order on Strengthening Access to Affordable, High-Quality Contraception and Family Planning Services. This was the third Executive Order on reproductive health care access that the President has signed since the Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization, and the first focused specifically on protecting and expanding access to contraception. “Contraception is an essential component of reproductive health care that has only become more important in the wake of Dobbs and the ensuing crisis in women’s access to health care,” the White House stated in a fact sheet detailing the Executive Order.

There is concern that just as the anti-reproductive freedom groups have gone after medication abortion, they may also go after contraception, something that Justice Clarence Thomas suggested he was amenable to do in declaring prior decisions open to “reconsideration.”

Meanwhile, the Federal Drug Administration gave approval for the first over-the-counter sale of a contraceptive pill without a doctor’s prescription. – Karen Rubin/news-photos-features.com

Through today’s Executive Order, the President announced actions to:

  • Improve Contraception Access and Affordability for Women with Private Health Insurance.  The Executive Order directs the Secretaries of the Treasury, Labor, and Health and Human Services (HHS) to consider new guidance to ensure that private health insurance under the Affordable Care Act covers all Food and Drug Administration-approved, -granted, or -cleared contraceptives without cost sharing and to streamline the process for obtaining care women need and want. This action will build on the progress already made under the Affordable Care Act by further reducing barriers that women face in accessing contraception prescribed by their provider.
    • Promote Increased Access to Over-the-Counter Contraception. The Executive Order directs the Secretaries of the Treasury, Labor, and HHS to consider new actions to improve access to affordable over-the-counter contraception, including emergency contraception. These actions could include convening pharmacies, employers, and insurers to discuss opportunities to expand access to affordable over-the-counter-contraception; identifying promising practices regarding the coverage of over-the-counter contraception at no cost to patients; and providing guidance to support seamless coverage of over-the-counter contraception.
       
    • Support Family Planning Services and Supplies through the Medicaid Program. The Executive Order directs the Secretary of HHS to consider new actions that expand access to affordable family planning services and supplies across the Medicaid program—such as sharing best practices for State Medicaid programs on providing high-quality family planning services and supplies, including through Medicaid managed care.
       
    • Improve the Coverage of Contraception through the Medicare Program. To improve coverage and payment for contraceptives for Medicare beneficiaries, the Executive Order directs the Secretary of HHS to consider new actions to strengthen the coverage of contraception through Medicare Advantage and Medicare Part D plans. This action will help ensure that Medicare beneficiaries, especially women of reproductive age with disabilities, can access contraception without unnecessary barriers.
       
    • Support Access to Contraception for Service Members, Veterans, and Federal Employees. The Executive Order directs the Secretary of Defense, the Secretary of Veterans Affairs, and the Director of the Office of Personnel Management to consider new actions to ensure robust coverage of contraception for Service members, veterans, and Federal employees and ensure that they and their families understand how to access these benefits. These actions will build on the steps that these agencies have already taken to bolster access to contraception for those they serve.
       
    • Bolster Contraception Access Across Federally-Supported Health Care Programs. The Executive Order directs the Secretary of HHS to consider encouraging Federally-supported health care and human services entities—such as Title X family planning clinics, community health centers, and the Indian Health Service—to expand the availability and quality of contraception access for those they serve. Actions could include issuing new guidance, technical assistance, and training resources so that providers in these programs understand their obligations under Federal law, including to provide culturally and linguistically appropriate family planning services.
       
    • Support Access to Affordable Contraception for Employees and College Students. The Executive Order directs the Secretary of Labor to identify and share best practices for employers and insurers in making affordable, high-quality contraception available to employees. To help bolster access for college and university students, the Executive Order directs the Secretary of Education to convene institutions of higher education to share best practices and ways to make sure that students understand their options for accessing contraception.
       
    • Promote Research and Data Analysis on Contraception Access.  To document the gaps and disparities in contraception access as well as the benefits of comprehensive coverage, the Executive Order directs the Secretary of HHS to support research, data collection, and data analysis on contraception access and family planning services.

The announcements build on actions that the Biden-Harris Administration has already taken to protect access to contraception, including in response to two prior Executive Orders directing actions to safeguard access to reproductive health care services. The Administration has taken action to:

  • Clarify Protections for Women with Private Health Insurance. Under the Affordable Care Act, most private health plans must provide contraception and family planning counseling with no out-of-pocket costs. The Departments of the Treasury, Labor, and HHS convened a meeting with health insurers and employee benefit plans. These agencies called on the industry to meet their obligations to cover contraception as required under the law. Following this conversation, these agencies issued guidance to clarify protections for contraceptive coverage under the Affordable Care Act.
    • Expand Access Under the Affordable Care Act. The Departments of the Treasury, Labor, and HHS proposed a rule to strengthen access to contraception under the Affordable Care Act so all women who need and want contraception can obtain it. Millions of women have already benefited from this coverage, which has helped them save billions of dollars on contraception.
       
    • Support Title X Clinics. HHS provided resources to bolster quality family planning services through the Title X Family Planning Program. HHS provided funds to help clinics deliver equitable, affordable, client-centered, and high-quality family planning services and provide training and technical assistance for Title X clinics through the Reproductive Health National Training Center and the Clinical Training Center for Sexual and Reproductive Health. In addition, recognizing the important role that Title X clinics play in supporting access to contraception, the President’s Fiscal Year 2024 Budget Request includes $512 million for the Title X Family Planning Program, a 76 percent increase above the 2023 enacted level.
       
    • Enhance Access Through a New Public-Private Partnership. HHS announced a new public-private partnership to expand access to contraception with Upstream, a national nonprofit organization that provides health centers with free patient-centered, evidence-based training and technical assistance to eliminate provider-level barriers to offering the full range of contraceptive options. This partnership will leverage Upstream’s $90 million in resources and build on Upstream’s work with over 100 health care organizations across 18 states and accelerate their national expansion to transform contraceptive care in more than 700 health centers by 2030, reaching 5 million women of reproductive age every year.
       
    • Promote Access to Contraception for Service Members and Their Families and Certain Dependents of Veterans. To improve access to contraception at military hospitals and clinics, the Department of Defense expanded walk-in contraceptive care services for active-duty Service members and other Military Health System beneficiaries. And the Department of Veterans Affairs proposed a rule to eliminate out-of-pocket costs for certain types of contraception through the Civilian Health and Medical Program of the Department of Veterans Affairs.
       
    • Ensure Access to Family Planning Services at Health Centers. The Health Resources and Services Administration provided updated guidance to community health centers on their obligation to offer family planning services to their patients. The guidance included evidence-based recommendations and resources to support health centers in providing high-quality family planning services.
       

Include Family Planning Providers in Health Plan Networks. HHS strengthened the standard for inclusion of family planning providers in Marketplace plans’ provider networks under the Affordable Care Act. This policy, which goes into effect for plan year 2024, will help increase consumers’ choice of high-quality providers and improve access to care for low-income and medically underserved consumers.

FACT SHEET: One Year After SCOTUS Overturned Roe, Biden Administration Highlights Actions to Protect Access to Reproductive Health Care, Ongoing Commitment to Defending Reproductive Rights

New Yorkers protest the Supreme Court’s decision overturning women’s constitutional reproductive rights under Roe v. Wade a year ago © Karen Rubin/news-photos-features.com

On the one-year anniversary since the radical religious ideologues on the Supreme Court overturned Roe v. Wade and women’s constitutional right to self-determination and bodily autonomy, the White House issued this fact sheet highlighting the actions the Biden Administration has taken to protect access to reproductive health care, and its ongoing commitment to defending reproductive rights.

In a statement, President Joe Biden declared,

“One year ago today, the Supreme Court took away a constitutional right from the American people, denying women across the nation the right to choose. Overturning Roe v. Wade, which had been the law of the land for nearly half a century, has already had devastating consequences.
 
“States have imposed extreme and dangerous abortion bans that put the health and lives of women in jeopardy, force women to travel hundreds of miles for care, and threaten to criminalize doctors for providing the health care that their patients need and that they are trained to provide.
 
“Yet, state bans are just the beginning. Congressional Republicans want to ban abortion nationwide, but go beyond that, by taking FDA-approved medication for terminating a pregnancy, off the market, and make it harder to obtain contraception. Their agenda is extreme, dangerous, and out-of-step with the vast majority of Americans.
 
“My Administration will continue to protect access to reproductive health care and call on Congress to restore the protections of Roe v. Wade in federal law once and for all.”

– Karen Rubin/news-photos-features.com

One year ago, the Supreme Court eliminated a constitutional right that it had previously recognized, overturning nearly 50 years of precedent. Today, more than 23 million women of reproductive age—one in three—live in one of the 18 states with an abortion ban currently in effect. In the last year, women have been denied essential medical care to preserve their health and even save their lives. They have been turned away from emergency rooms, forced to delay care, and made to travel hundreds of miles and across state lines for needed medical care. Despite this devastating impact on women’s health, Republican elected officials continue to advance these bans at both the state and national level.

President Biden and Vice President Harris stand with the majority of Americans who believe the right to choose is fundamental—and who have made their voices heard at every opportunity since the Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization. As the President has made clear since the day of the Dobbs decision, the only way to ensure women in every state have access to abortion is for Congress to pass a law restoring the protections of Roe v. Wade.

While we continue to call on Congress to restore these protections, the Administration has taken executive action to protect access across the full spectrum of reproductive health care. In the wake of Dobbs, the President issued two Executive Orders directing a comprehensive slate of actions to protect access to reproductive health care services, including abortion. And today, the President is issuing a third Executive Order focused on strengthening access to affordable, high-quality contraception, a critical aspect of reproductive health care. The Administration remains fully committed to implementing these Executive Orders and advancing access to reproductive health care through the leadership of the interagency Task Force on Reproductive Healthcare Access, co-chaired by the White House Gender Policy Council and the Department of Health and Human Services (HHS).

Today, the Biden-Harris Administration is providing an update on the work of the Task Force on Reproductive Healthcare Access and the Administration’s ongoing efforts to defend reproductive rights.

Protecting Access to Abortion, including Medication Abortion

  • Ensure Access to Emergency Medical Care.  The Administration is committed to ensuring all patients, including women who are experiencing pregnancy loss, have access to the full rights and protections for emergency medical care afforded under federal law—including abortion care when that is the stabilizing treatment required. HHS issued guidance affirming requirements under the Emergency Medical Treatment and Labor Act (EMTALA) and Secretary Becerra sentletters to providers making clear that federal law preempts state law restricting access to abortion in emergency situations. The U.S. District Court of Idaho issued a preliminary injunction blocking the enforcement of Idaho’s abortion ban as applied to medical care required by EMTALA after the Department of Justice (DOJ) filed a lawsuit seeking to enjoin Idaho’s ban to the extent it makes abortion a crime even when necessary to prevent serious risks to the health of pregnant patients.
    • Defend FDA Approval of Medication Abortion in Court.  The Food and Drug Administration (FDA) and DOJ are defending access to mifepristone, a safe and effective drug used in medication abortion that FDA first approved more than twenty years ago, and FDA’s independent, expert judgment in court—including in a lawsuit in Texas that attempts to eliminate access nationwide. The Administration will continue to stand by FDA’s decades-old approval of the medication and by FDA’s ability to review, approve, and regulate a wide range of prescription medications.
       
    • Protect Access to Safe and Legal Medication Abortion.  On what would have been the 50th anniversary of Roe v. Wade on January 22, President Biden issued a Presidential Memorandum directing further efforts to protect access to medication abortion, including to support patients, providers, and pharmacies who wish to legally access, prescribe, or provide mifepristone—and to safeguard their safety and security, including at pharmacies. This Presidential Memorandum was issued in the face of attacks by state officials to prevent women from accessing mifepristone and discourage pharmacies from becoming certified to dispense the medication. These attacks followed independent, evidence-based action taken by FDA to allow mifepristone to continue to be prescribed by telehealth and sent by mail as well as to enable interested pharmacies to become certified.
       
    • Partner with State Leaders on the Frontlines of Abortion Access.  Today, the White House is releasing a new report on the battle for abortion access at the state level and the Administration’s engagement with state leaders over the past year. The report underscores the Administration’s ongoing commitment to partnering with leaders on the frontlines of protecting access to abortion—both those fighting extreme state legislation and those advancing proactive policies to protect access to reproductive health care, including for patients who are forced to travel out of state for care. The Vice President has led these efforts, traveling to 18 states and meeting with more than 250 state legislators, health care providers, and advocates in the past year. And last week, the White House hosted over 80 state legislators from 41 states to discuss efforts to protect access to reproductive health care.
    • Provide Access to Reproductive Health Care for Veterans.  The Department of Veterans Affairs (VA) issued an interim final rule to allow VA to provide abortion counseling and, in certain circumstances, abortion care to Veterans and VA beneficiaries. VA provides abortion services when the health or life of the patient would be endangered if the pregnancy were carried to term or when the pregnancy is a result of rape or incest. When working within the scope of their federal employment, VA employees may provide authorized services regardless of state restrictions. DOJ will defend any VA providers whom states attempt to prosecute for violations of state abortion laws. 
       
    • Support Access to Care for Service Members.  The Department of Defense (DoD) has taken action to ensure that Service members and their families can access reproductive health care and that DoD health care providers can operate effectively. DoD has released policies to support Service members and their families’ ability to travel for lawful non-covered reproductive health care and to bolster Service members’ privacy and afford them the time and space needed to make personal health care decisions.
       
    • Defend Reproductive Rights in Court. DOJ created a Reproductive Rights Task Force, which monitors and evaluates state and local actions that threaten to infringe on federal protections relating to the provision or pursuit of reproductive health care, impair women’s ability to seek abortion care where it is legal, impair individuals’ ability to inform and counsel each other about the care that is available in other states, ban medication abortion, or impose criminal or civil liability on federal employees who provide legal reproductive health services in a manner authorized by Federal law.

 
Supporting Women’s Ability to Travel for Medical Care

  • Defend the Right to Travel.  On the day of the Dobbs decisions, President Biden reaffirmed the Attorney General’s statement that women must remain free to travel safely to another state to seek the care they need. President Biden committed his administration to defending “that bedrock right,” and DOJ continues to monitor attempts to restrict a woman’s right to travel to receive lawful health care.  
    • Support Patients Traveling Out of State for Medical Care.  HHS Secretary Becerra and CMS Administrator Chiquita Brooks-LaSure issued a letter to U.S. governors inviting them to work with CMS and apply for Medicaid 1115 waivers to provide increased access to care for women from states where reproductive rights are under attack and women may be denied medical care. HHS continues to encourage state leaders to consider and develop new waiver proposals that would support access to reproductive health care services.
       

Safeguarding Access to Contraception

  • Strengthen Access to Affordable, High-Quality Contraception.  Today, the President issued an Executive Order directing agencies to: improve access and affordability for women with private health insurance; promote increased access to over-the-counter contraception; support access to affordable contraception through Medicaid and Medicare; ensure Service members, veterans, and Federal employees are able to access contraception; bolster contraception access across Federal health programs; and support access for college students and employees. The Task Force on Reproductive Healthcare Access will oversee the swift and robust implementation of this Executive Order in the coming months.
    • Clarify Protections for Women with Private Health Insurance. Under the Affordable Care Act, most private health plans must provide contraception and family planning counseling with no out-of-pocket costs. The Departments of the Treasury, Labor, and HHS convened a meeting with health insurers and employee benefit plans. These agencies called on the industry to meet their obligations to cover contraception as required under the law. Following this conversation, these agencies issued guidance to clarify protections for contraceptive coverage under the Affordable Care Act.
       
    • Expand Access Under the Affordable Care Act.  The Departments of the Treasury, Labor, and HHS proposed a rule to strengthen access to contraception under the Affordable Care Act so all women who need and want contraception can obtain it. Millions of women have already benefited from this coverage, which has helped them save billions of dollars on contraception.
       
    • Support Title X Clinics.  HHS provided resources to bolster quality family planning services through the Title X Family Planning Program, including funding to help clinics deliver equitable, affordable, client-centered, and high-quality family planning services and provide training and technical assistance for Title X clinics. In addition, recognizing the important role that Title X clinics play in supporting access to contraception, the President’s Fiscal Year 2024 Budget Request includes $512 million for the Title X Family Planning Program, a 76 percent increase above the 2023 enacted level.
    • Promote Access to Contraception for Service Members and Their Families and Certain Dependents of Veterans.  To improve access to contraception at military hospitals and clinics, DoD expanded walk-in contraceptive care services for active-duty Service members and other Military Health System beneficiaries, and eliminated TRICARE copays for medical contraceptive services. And VA proposed a rule to eliminate out-of-pocket costs for certain types of contraception through the Civilian Health and Medical Program of the Department of Veterans Affairs.
       

Reinforcing Nondiscrimination Protections under Federal Law

  • Issue Guidance to Retail Pharmacies.  HHS issued guidance to roughly 60,000 U.S. retail pharmacies to remind them of their obligations under federal civil rights laws to ensure access to comprehensive reproductive health care services. The guidance makes clear that as recipients of federal financial assistance, pharmacies are prohibited under law from discriminating on the basis of race, color, national origin, sex, age, and disability in their programs and activities. This guidance is especially important in the wake of reports that women of reproductive age have been denied prescription medication at pharmacies—including medication that is used to treat stomach ulcers, lupus, arthritis, and cancer—due to concerns that these medications could be used to terminate a pregnancy.
    • Protect Students from Discrimination Based on Pregnancy.  The Department of Education (ED) released a resource for universities outlining their responsibilities not to discriminate on the basis of pregnancy or pregnancy-related conditions, including termination of pregnancy. This guidance reminds schools of their existing and long-standing obligations under Title IX.
       
    • Strengthen Nondiscrimination in Healthcare.  HHS announced a proposed rule to strengthen nondiscrimination in health care. The proposed rule implements Section 1557 of the Affordable Care Act and affirms protections consistent with President Biden’s executive orders on nondiscrimination based on sexual orientation and gender identity.
       

Promoting Safety and Security of Patients, Providers, and Clinics

  • Promote Safety and Security of Patients, Providers and Clinics.  DOJ continues to robustly enforce the Freedom of Access to Clinic Entrances Act, which protects the right to access and provide reproductive health services.
     

Safeguarding Privacy and Sensitive Health Information

  • Strengthen Reproductive Health Privacy under HIPAA.  HHS issued a proposed rule to strengthen privacy protections under the Health Insurance Portability and Accountability Act (HIPAA). This rule would prevent an individual’s information from being disclosed to investigate, sue, or prosecute an individual, a health care provider, or a loved one simply because that person sought, obtained, provided, or facilitated legal reproductive health care, including abortion. By safeguarding sensitive information related to reproductive health care, the rule will strengthen patient-provider confidentiality and help health care providers give complete and accurate information to patients. Prior to the proposed rule and immediately after Dobbs, HHS issued guidance reaffirming HIPAA’s existing protections for the privacy of individuals’ protected health information.
    • Take Action Against Illegal Use and Sharing of Sensitive Health Information.  The Federal Trade Commission (FTC) has committed to enforcing the law against illegal use and sharing of highly sensitive data, including information related to reproductive health care. Consistent with this commitment, the FTC has taken first-of-its-kind enforcement actions against companies for disclosing consumers’ personal health information, including highly sensitive reproductive health data, without permission.
    • Help Consumers Protect Their Personal Data.  The Federal Communications Commission (FCC) launched a new guide for consumers on best practices for protecting their personal data, including geolocation data, on mobile phones. The guide follows a recent Notice of Proposed Rulemaking issued by FCC that would strengthen data breach rules to provide greater protections to personal data. In addition, separately, HHS issued a how-to guide for consumers on steps they can take to better protect their data on personal cell phones or tablets and when using mobile health apps, like period trackers, which are generally not protected by HIPAA.
    • Protect Students’ Health Information.  ED issued guidance to over 20,000 school officials to remind them of their obligations to protect student privacy under the Family Educational Rights and Privacy Act (FERPA). The guidance helps ensure that school officials—including those at federally funded school districts, colleges, and universities—know that, with certain exceptions, they must obtain written consent from eligible students or parents before disclosing personally identifiable information from students’ educational records, which may include student health information. The guidance encourages school officials to consider the importance of student privacy, including health privacy, with respect to disclosing student records. ED also issued a know-your-rights resource to help students understand their privacy rights for health records at school. 
    • Safeguard Patients’ Electronic Health Information.  HHS issued guidance affirming that doctors and other medical providers can take steps to protect patients’ electronic health information, including their information related to reproductive health care. HHS makes clear that patients have the right to ask that their electronic health information generally not be disclosed by a physician, hospital, or other health care provider. The guidance also reminds health care providers that HIPAA’s privacy protections apply to patients’ electronic health information.

 
Providing Access to Accurate Information and Legal Resources

  • Ensure Easy Access to Reliable Information.  HHS launched and maintains ReproductiveRights.gov, which provides timely and accurate information on people’s right to access reproductive health care, including contraception, abortion services, and health insurance coverage, as well as how to file a patient privacy or nondiscrimination complaint. DOJ also launched justice.gov/reproductive-rights, a webpage that provides a centralized online resource of the Department’s work to protect access to reproductive health care services under federal law.
    • Hosted a Convening of Lawyers in Defense of Reproductive Rights.  The Department of Justice and the Office of White House Counsel convened more than 200 lawyers and advocates from private firms, bar associations, legal aid organizations, reproductive rights groups, and law schools across the country for the first convening of pro-bono attorneys, as directed in the first Executive Order. Following this convening, reproductive rights organizations launched the Abortion Defense Network to offer abortion-related legal defense services, including legal advice and representation.
       
    • Launch a National Hotline to Enable Access to Accurate Information.  HHS issued a Notice of Funding Opportunity to establish a safe and secure national hotline to provide referral services to women in need of accurate information about their legal reproductive health care options. The nondirective hotline will provide information to patients served by the Title X family planning program who request information related to prenatal care and delivery; infant care, foster care, or adoption; or pregnancy termination.
       

Promote Research and Data Collection

  • Use Data to Track Impacts on Access to Care.  HHS will convene leading experts to discuss the state of existing reproductive health research and what the data tells us about the impact of the Dobbs decision, as well as the future of research on reproductive health care access. These convenings will help identify research gaps, opportunities for collaboration, and ways to bolster research efforts for both Federal agencies and external partners.

Leverage Maternal Health Data to Address Disparities.  FCC has committed to the swift implementation of the Data Mapping to Save Moms’ Lives Act, which directs FCC, in coordination with the Centers for Disease Control and Prevention, to incorporate publicly available data on maternal mortality and morbidity into its Mapping Broadband Health in America platform. This innovation will support women’s health by informing efforts to expand broadband access—including access to telehealth—in areas with poor maternal health outcomes. FCC will continue to explore opportunities to improve research, data collection, data analysis, and interpretation in the context of reproductive health care and maternal health outcomes.

Biden Announces Actions In Light of SCOTUS Decision to Overturn Roe v Wade

Protester at a rally at the Nassau County Courthouse, Long Island, New York, hours after the Supreme Court announced its ruling overturning Roe v. Wade and with it, women’s reproductive freedom – one of hundreds across the country. © Karen Rubin/news-photos-features.com

June 24, 2022


 FACT SHEET:
President Biden Announces Actions In Light of Today’s Supreme Court Decision on Dobbs v. Jackson Women’s Health Organization

 

Today, President Biden announced actions that his Administration is taking to protect women who will face the grave consequences of today’s Supreme Court decision. This decision expressly took away a Constitutional right from the American people that it had recognized for nearly 50 years – a woman’s right to choose, free from government interference.

This decision will have devastating consequences in the lives of women around the country.

The President made clear that the only way to secure a woman’s right to choose is for Congress to restore the protections of Roe as federal law. Until then, he has announced two actions the Administration is taking to protect women.

Protecting the Right to Seek Medical Care

As the Attorney General made clear, women must remain free to travel safely to another state to seek the care they need.

A person has the right to travel between states for whatever reason they want – it is no one else’s business – especially the government’s. If a woman lives in a state that restricts abortion, the Supreme Court’s decision does not prevent her from traveling from her home to a state that allows it.

If any state or local official tries to interfere with women exercising this basic right, the Biden Administration will fight that deeply un-American attack.

Protecting Access to Medication

The President directed the Secretary of Health and Human Services to protect women’s access to critical medications for reproductive health care that are approved by the Food and Drug Administration—including essential preventive health care like contraception and medication abortion.

More than 20 years ago, the FDA approved mifepristone to safely end an early pregnancy; this drug is also commonly used to treat miscarriages. The American Medical Association and the American College of Obstetricians and Gynecologists wrote to President Biden and Vice President Harris, asking the federal government to protect access to this care. In the face of threats from state officials saying they will try to ban or severely restrict access to medication for reproductive health care, the President directed the Secretary of Health and Human Services to identify all ways to ensure that mifepristone is as widely accessible as possible in light of the FDA’s determination that the drug is safe and effective—including when prescribed through telehealth and sent by mail.

See: Abort the Court: Supremes Have Lost all Credibility, Authority, Legitimacy

On 49th Anniversary of Roe v. Wade, Biden-Harris Commit to Protecting Women’s Reproductive Rights; HHS Acts

New York City Women’s Rally to protect Roe v. Wade © Karen Rubin/news-photos-features.com

On the 49th anniversary of Roe v. Wade, President Joe Biden and Vice President Kamala Harris issued a statement asserting their commitment to protecting women’s reproductive freedom:

The constitutional right established in Roe v. Wade nearly 50 years ago today is under assault as never before. It is a right we believe should be codified into law, and we pledge to defend it with every tool we possess. We are deeply committed to protecting access to health care, including reproductive health care—and to ensuring that this country is not pushed backwards on women’s equality.

In recent years, we have seen efforts to restrict access to reproductive health care increase at an alarming rate. In Texas, Mississippi, and many other states around the country, access to reproductive health care is under attack. These state restrictions constrain the freedom of all women. And they are particularly devastating for those who have fewer options and fewer resources, such as those in underserved communities, including communities of color and many in rural areas.

The Biden-Harris Administration strongly supports efforts to codify Roe, and we will continue to work with Congress on the Women’s Health Protection Act. All people deserve access to reproductive health care regardless of their gender, income, race, zip code, health insurance status, immigration status, disability, or sexual orientation. And the continued defense of this constitutional right is essential to our health, safety, and progress as a nation.

We must ensure that our daughters and granddaughters have the same fundamental rights that their mothers and grandmothers fought for and won on this day, 49 years ago—including leaders like the late Sarah Weddington, whose successful arguments before the Supreme Court led to the landmark Roe v. Wade decision in 1973.

At this pivotal moment, we recommit to strengthening access to critical reproductive health care, defending the constitutional right established by Roe, and protecting the freedom of all people to build their own future.

Watch the Vice President’s Exclusive with Elle Magazine Marking the 49th Anniversary of Roe v. Wade

The Vice President recorded a video message reiterating our administration’s commitment to protecting constitutional rights. “Roe v. Wade advanced women’s equality and that case saved women’s lives,” Harris says in the video. Read the Full Exclusive Here

HHS Secretary Becerra Takes Action to Protect Reproductive Health Care

New Task Force Launched on Eve of Roe v. Wade Anniversary

Today, on the eve of the 49th anniversary of Roe v. Wade, Health and Human Services Secretary Xavier Becerra announced the first-ever HHS Intra-agency Task Force on Reproductive Healthcare Access.

The task force includes subject matter experts from across the department. The HHS Assistant Secretary for Health and the HHS Assistant Secretary for Global Affairs will serve as the co-chairs of this coordinating body. The task force’s primary goal is to facilitate collaborative, innovative, transparent, equitable, and action-oriented approaches to protect and bolster sexual and reproductive health.

“As we commemorate the 49th anniversary of Roe v. Wade, we recommit to protecting and strengthening access to reproductive health care, including the right to safe and legal abortion care that the Supreme Court has recognized for decades,” said Secretary Becerra. “Patients have the right to make decisions about their own bodies. In light of restrictive laws across the nation, HHS will evaluate the impact on patients and our communities. That’s why today, I have launched the first Intra-agency Task Force on Reproductive Healthcare Access. Once again, we are telling health care providers and patients, we have your back.”

“Across America, we must protect access to sexual and reproductive health,” said HHS Assistant Secretary for Health Admiral Rachel Levine, MD. “Establishing a new task force dedicated to this critical public health topic will advance policies that improve reproductive health care access within Federal programs and services, eliminate health disparities, and expand access to culturally competent health care services for underserved communities, including people of color, people with disabilities, young people, LGBTQI+ people, and others.”

“Advancing sexual and reproductive health and rights is central to our core global health goals, including our focus on addressing health inequities and expanding access to universal health coverage,” said HHS Assistant Secretary for Global Affairs Loyce Pace. “In order to build back better in the U.S. and around the world, we must ensure that all people can access high quality health care, including sexual and reproductive health care services.”

HHS has taken several meaningful actions under the Biden-Harris Administration to protect and bolster reproductive health, rights, and justice, including:

  • The Department issued a new final rule for Title X, the nation’s family planning program, to ensure access to equitable, affordable, client-centered, quality family planning services.
  • The Department announced $6.6 million through the Title X family planning program to address the demand for family planning services where restrictive laws and policies have impacted reproductive health access, or in states where there is a lack of or limited Title X access.
  • The Department has advanced maternal health priorities, including expanding access to postpartum Medicaid coverage, rural health care services, and implicit bias training.
  • The Department has issued guidance on both nondiscrimination requirements of the Church Amendments protecting health care providers through its Office for Civil Rights and providers’ legal obligations and protections under the Emergency Medical Treatment and Labor Act (EMTALA) through the Centers for Medicare & Medicaid Services to provide medical treatment to a pregnant patient who presents to the emergency department regardless of conflicting state laws or mandates that might seek to prevent such treatment.

Womens March on NYC Led by Womens March Alliance Draws Tens of Thousands

By Karen Rubin, News& Photo Features

Women’s March on NYC organized by Womens March Alliance, Jan. 19, 2019

Tens of thousands took to the streets of New York City on Saturday, January 19, 2019 for the third annual Women’s March organized by the Women’s March Alliance, calling for action on a Woman’s Agenda that encompasses everything from pay parity, paid parental leave and reproductive freedom, to immigration reform, gun violence prevention, climate action, criminal justice reform – in other words, the gamut of social, political, environmental and economic justice. (See also With Cry of ‘Your Voice Your Power,’ Alliance Mounts 3rd Annual Women’s March on NYC Jan. 19)

The marchers got particularly animated outside of Trump Tower Hotel on Central Park West, chanting “Shame, Shame, Shame,” extending a finger, and waving placards calling for “Indict, Impeach, Imprison.”

The protesters use their bodies as message boards. Here are highlights:

Women’s March on NYC organized by Womens March Alliance, Jan. 19, 2019
New York City High School members of “NYC Great Girls” (Girls Reaching Every Apex Together), a leadership initiative of the NYC Department of Education, gather for the 2019 Women’s March NYC © Karen Rubin/goingplacesfarandnear.com
Women’s March on NYC organized by Womens March Alliance, Jan. 19, 2019
Alexandria OcasioCortez at 2019 NYC Women’s March © Karen Rubin/goingplacesfarandnear.com
Alexandria OcasioCortez at 2019 NYC Women’s March © Karen Rubin/goingplacesfarandnear.com
Women’s March on NYC organized by Womens March Alliance, Jan. 19, 2019
Congresswoman Carolyn B. Maloney with Manhattan Borough President Gail Brewer at 2019 NYC Women’s March © Karen Rubin/goingplacesfarandnear.com
Women’s March on NYC organized by Womens March Alliance, Jan. 19, 2019
Women’s March on NYC organized by Womens March Alliance, Jan. 19, 2019
Women’s March on NYC organized by Womens March Alliance, Jan. 19, 2019
Women’s March on NYC organized by Womens March Alliance, Jan. 19, 2019
Women’s March on NYC organized by Womens March Alliance, Jan. 19, 2019
Women’s March on NYC organized by Womens March Alliance, Jan. 19, 2019
Women’s March on NYC organized by Womens March Alliance, Jan. 19, 2019
Women’s March on NYC organized by Womens March Alliance, Jan. 19, 2019
Women’s March on NYC organized by Womens March Alliance, Jan. 19, 2019
Women’s March on NYC organized by Womens March Alliance, Jan. 19, 2019
Women’s March on NYC organized by Womens March Alliance, Jan. 19, 2019
Women’s March on NYC organized by Womens March Alliance, Jan. 19, 2019
Women’s March on NYC organized by Womens March Alliance, Jan. 19, 2019
Women’s March on NYC organized by Womens March Alliance, Jan. 19, 2019
Women’s March on NYC organized by Womens March Alliance, Jan. 19, 2019
Women’s March on NYC organized by Womens March Alliance, Jan. 19, 2019
Women’s March on NYC organized by Womens March Alliance, Jan. 19, 2019
Women’s March on NYC organized by Womens March Alliance, Jan. 19, 2019
Women’s March on NYC organized by Womens March Alliance, Jan. 19, 2019
Women’s March on NYC organized by Womens March Alliance, Jan. 19, 2019

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© 2019 News & Photo Features Syndicate, a division of Workstyles, Inc. All rights reserved. For editorial feature and photo information, go to www.news-photos-features.com, email [email protected]. Blogging at www.dailykos.com/blogs/NewsPhotosFeatures.  ‘Like’ us on facebook.com/NewsPhotoFeatures, Tweet @KarenBRubin

Cuomo Calls on New York Lawmakers to Vote to Codify Roe v Wade Protections in Special Session

New York State Governor Andrew Cuomo with JoAnn Smith, CEO of Nassau County Planned Parenthood, Nassau County Executive Laura Curran, Nassau County District Attorney Madeline Singas and members of Planned Parenthood. © Karen Rubin/news-photos-features.com

By Karen Rubin, News & Photo Features

Governor Andrew M. Cuomo was joined today by Nassau County leaders at a rally in New Hyde Park to fight to protect women’s reproductive rights. State and local leaders called on the Senate to return to Albany to codify Roe v. Wade into New York State Law. The rally follows the federal government’s decision Monday night to nominate Brett Kavanaugh to the Supreme Court. The Governor vowed to take action to defend New York’s progressive values against the extreme conservative agenda of the Trump Administration, including the fight to codify the protections of Roe v. Wade into state law. New actions were also announced by the Governor on Monday to protect reproductive rights in anticipation of this Supreme Court Justice nomination.

“This federal government is threatening basic values New York and this entire nation were built upon, and while extreme conservatives in Washington make destructive decisions that violate the rights of our residents, New York is fighting to protect the progressive accomplishments that we have made,” Governor Cuomo said. “I call on every Senate Republican to come back and reconvene in Albany – no excuses. The Assembly will support codification of Roe v. Wade, I will sign the bill, the Senate Democrats will vote in favor of it and we will pass Roe v. Wade for New York.”

At a rally on Long Island, Governor Andrew Cuomo vowed to take action to defend New York’s progressive values against the extreme conservative agenda of the Trump Administration, including the fight to codify the protections of Roe v. Wade into state law. New actions were also announced by the Governor on Monday to protect reproductive rights in anticipation of this Supreme Court Justice nomination. © Karen Rubin/news-photos-features.com

Noting that elections have consequences, Cuomo laid out the challenge to return to Albany to codify Roe into state law as a line in the sand.

“When you’re talking to our friends the Republican Senators, remind them in 1970, before Roe v. Wade, which was 1973, this state legalized abortion. 1970. With a Republican Senate and a Republican Governor because we understood it wasn’t a partisan issue, it was a fairness issue. It was a health issue. It was an equality issue. It was a woman being able to control her own body issue. We did it in 1970, don’t tell me in 2018 the Republican Senate is going to go backwards from 1970. We have to call to question. Elections have consequences and this is binary. They’re with us, they’re against us. And if they don’t come back, if they don’t codify Roe v. Wade, you know what we’re going to say?

“In the immortal words of President Trump, to the senators who won’t come back and sign a bill, you’re fired. We’re protecting the women in the state of New York. Women’s rights come first. Let’s sign the state Executive Order.”

Lieutenant Governor Kathy Hochul who attended a similar rally to protective reproductive rights with Governor Cuomo in Yonkers earlier, said, “I lost my seat in Congress over my steadfast support of the Affordable Care Act and the contraception mandate, and I know how critically important it is to protect these rights at the state level. That is why I stand with the Governor and the women of this great state in fighting back to ensure protections and safety for women when it comes to their reproductive health. Given all that is happening in Washington, these actions will protect women’s reproductive rights. As President of the State Senate, I’m also calling on Senate Republican leadership to protect the women of this state and pass the Reproductive Health Act and codify Roe v. Wade. No one should tell us what to do with our bodies. Not now, not ever.”

For years, Governor Cuomo has pushed to codify the Supreme Court’s Roe v. Wade decision and subsequent rulings into state law to secure women’s access to reproductive health options, and noted that Republicans made a pretense of supporting women’s rights but blocked any consideration on the floor based on the federal protection under Roe. Now the Governor is calling their bluff and calling for the passage of legislation to protect the right of women to make personal health care decisions and ensure that health care professionals can provide these crucial services without fear of criminal penalty. The Assembly has passed legislation to codify the protections of Roe v. Wade for the last six years, including during the 2018 Legislative Session.

Additionally, through regulations by the Department of Financial Services and Department of Health, as directed by the Governor on Monday, New York State will ensure an insurer must cover over the counter emergency contraception in addition to all other contraceptive drugs, devices or other products for women approved by the Federal Food and Drug Administration and, as well as the dispensing of 12 months of contraceptive at one time, all without co-insurance, co-pays or deductibles. The Executive Order signed by the Governor on Monday, in addition to today’s rally, builds on Governor Cuomo’s 2018 Women’s Agenda: Equal Rights, Equal Opportunity.

The updated DFS regulation mandates that health insurers:

  • Expand coverage requirements for contraceptive drugs, devices or other products for women approved by the Federal Food and Drug Administration. Require coverage for emergency contraception with no cost sharing when acquired in any lawful manner including on an over the counter basis from an out of network pharmacy;
  • Permit a woman to fill 12 months of a prescribed contraceptive at one time, removing the previously required three-month trial period;
  • Cover voluntary sterilization procedures for women and over-the-counter contraceptives without cost-sharing; and
  • Do not place restrictions or delays on contraceptive coverage not otherwise authorized under the regulation.  This provision would prohibit quantity limits and other such restrictions.

The regulation codifies guidance issued in January 2017 regarding information that must be provided in formularies regarding contraceptives, including noting which contraceptives are covered without cost-sharing.  Insurers will be required to publish an easily accessible, up-to-date, accurate and complete list of all covered contraceptive drugs, devices and other products on their formulary drug lists, including any tiering structure and any restrictions on the manner in which a drug may be obtained.

The accompanying DOH regulations permit a woman insured through Medicaid to fill 12 months of a prescribed contraceptive at one time, whereas previously, the limit was three months.

A copy of the proposed regulations can be found here.

Governor Andrew Cuomo signs executive order to expand access to contraception, as 3-year old Emily Mollar, with her mother, Sue, of Merrick, look on, along with Nassau County Executive Laura Curran, Nassau County Planned Parenthood CEO JoAnn Smith, and other women’s rights advocates. © Karen Rubin/news-photos-features.com

“Women’s rights are under attack. Another Trump-appointed Justice will guarantee an ultra-conservative Court that is even more hostile to women’s health care protections. This will have dire consequences if we don’t act because New York decriminalized abortion before the Roe v. Wade decision,” Senate Minority Leader Andrea Stewart-Cousins said. “The women of New York State are looking to us to protect their hard-won rights, and we must not fail them.”

“The administration in Washington is preparing yet another assault on women’s reproductive rights with the nomination of an ultra-conservative Supreme Court justice. Earlier this year, and in countless previous legislative sessions, the New York State Assembly passed legislation to codify Roe v. Wade,” Assembly Speaker Carl Heastie said. “Year after year, our Republican colleagues in the Senate neglect to pass this legislation, insisting there is no threat to Roe v. Wade. Their inaction has shamefully put women’s reproductive health care in jeopardy. It’s time to codify Roe v. Wade. No more excuses.”

“The Trump Administration is committed to ensuring that millions of women across America lose essential access to the health care they absolutely require. We are facing an unprecedented attack on our health care, and rights by a federal government determined to replace evidence-based medically accurate public policy with politically driven ideology,” Robin Chappelle Golston, President & CEO, Planned Parenthood Empire State Acts, said. “Governor Cuomo is standing up today to remind the nation that New York won’t go backwards; we won’t sit back quietly as our rights evaporate and we will resist this dismantling of our constitutionally protected rights.”

“Armed with a Supreme Court vacancy, the Trump regime is poised to pack the court in an effort to undo Roe v. Wade and curtail abortion to an extent not seen since 1973. New York can no longer put off fixing our state’s broken abortion law,” New York Civil Liberties Union Executive Director Donna Lieberman said. “The Reproductive Health Act would take abortion out of the criminal code so that New York can be a safe-haven where women and their health are valued and protected. That means codifying Roe and ensuring access to the information and services women — including pregnant women — need to protect their health.”

Andrea Miller, President of the National Institute for Reproductive Health said, “Governor Cuomo’s executive order today proves that, regardless of what happens at the federal level, states have tremendous power to shape their own state laws and can act now to protect women from the full-blown assault on their reproductive health and rights. The best defense against a hostile Supreme Court and Trump-Pence Administration is a strong state-level offense. States around the country should take note of this action – and Governor Cuomo’s previous regulations – and help lead the movement for reproductive freedom from the ground up.”

Governor Andrew Cuomo stands with Planned Parenthood at rally in New Hyde Park, Long Island © Karen Rubin/news-photos-features.com

Cuomo Draws Line in the Sand for State Republican Lawmakers

Cuomo said that with the Trump administration dismantling rights – civil rights, voting rights, environmental and financial protections, a woman’s right to choose – it is up to the states to take action.

“Every day this federal government does something that is shocking to our senses…It’s shocking to us in New York because we are the exact opposite. We’re night and day from who they are and what they believe so we’re continually in a state of shock, but they are doing what they said they were going to do, and elections have consequences.

“And it is a wake-up call to all of us. My daughters, you know if you’re 21, 22, 23, young women you never even questioned your reproductive rights. You grew up in a generation where you just assumed, you know Roe v. Wade was 1973. 1973. Generations just grew up assuming this was the way it was. Couldn’t even imagine that a woman wouldn’t have the right to control her own body. That’s what they are saying. And they are serious. And it’s not just politics and this isn’t just a game. They are doing it. They’re doing what they said they would do

“They have their own view of what religions are right and what lifestyles are right and what sexuality is right and who should be an American and who shouldn’t be an American, and they are going to enforce that. It’s the greatest act of political hypocrisy, because conservatives used to stand for limited government, right? Less federal government. Leave it to the states, leave it to the individual rights.

“They are on track to overturn Roe v. Wade. That’s what they want to do. That’s what they’ve wanted to do since it was passed in 1973. And it is a shock to the system. How could we possible go back to those days? Who even remembers what it was like before, when a woman couldn’t have an abortion? How many lost their lives, were damaged because of what they had to do in that situation? And that is what we’re looking at. They are pro-life.

“They also have their view of sexuality and they don’t agree with the LGBTQ community and that’s why they treat them as second-class citizens. Wanted to keep transgender out of the military, regardless of service, regardless of merits. They believe who should be an immigrant and who shouldn’t be an immigrant. A little hypocritical since we’re all immigrants, but they now decide they’re going to close the door. The separation of family policy – isn’t that a coincidence? They knew exactly what they were doing. They wanted to stop people at the border. The first point was, build a wall. I am going to build a big wall, nobody can come. The President didn’t get a wall so he went to the “zero tolerance” policy. And now what he says to families is, if you show up, I’m going to take your children from you and send them to a place where you don’t even know where they are. He knew exactly what he was doing. It was a deterrent to stop people from coming when he couldn’t get the wall.

“They’re going to tell you which religion is right. They don’t believe that Muslims are an appropriate religion, and that’s the travel ban. They don’t believe with labor unions. Thank God for the teamsters. They don’t want labor unions. They just passed the Janus decision with the Supreme Court because they don’t want these annoying unions being able to organize employees, making it harder for management to negotiate with the workforce. It’s who they are and what they said they were going to do. And it is a frightening reality.

“We believe the opposite and it’s incumbent on us to act. To act. We’re not going to let them change our values. We’re not going to let them change or philosophy. We’re not going to let them change the way we treat one another. We’re not going to let them change our tolerance to intolerance. We’re not going to allow them to divide us. They’re not going to pick who has the right lifestyle and who has the right religion and who has the right sexuality and who has the right income level to deserve respect. We’re not going to let them do that.

Governor Andrew M. Cuomo was joined today by Nassau County leaders at a rally in New Hyde Park to fight to protect women’s reproductive rights: NH Councilwoman Lee Seeman, NC Legislator Ellen Birnbaum, North Hempstead Supervisor Judi Bosworth, Planned Parenthood NC CEO JoAnn Smith, Town Clerk Wayne Wink, NH Councilwoman Anna Kaplan, Nassau CountyExecutive Laura Curran. State and local leaders called on the Senate to return to Albany to codify Roe v. Wade into New York State Law. The rally follows the federal government’s decision Monday night to nominate Brett Kavanaugh to the Supreme Court © Karen Rubin/news-photos-features.com

“Federal government has rights, but you know what there was before the federal government? There were state governments and there were states’ rights. And states have the ability to stand up and act. And when they wouldn’t do anything in the face of the #MeToo movement, this state stood up and said, we’re going to pass the strongest anti-sexual harassment law in the United States of America. When they separated families at the border, this state stood up and said, that’s unconstitutional, it’s illegal, it violates due process, and we’re suing the federal government to put those families back together and to stop the separation.

“And we have to do the same thing on the issue of choice. They are going to overturn Roe v. Wade. We need a New York State law that codifies Roe v. Wade into the New York State law. And we need that law in place before they overturn Roe v. Wade in the Supreme Court. Now, we’ve been trying to get the New York State legislature, the Senate, to pass a New York State Roe v. Wade. That’s all the law would say. Take the federal ruling in Roe v. Wade—1973—and enact it into a state law.

“Currently, the New York State law is not as strong as Roe v. Wade because we had Roe v. Wade. And I’ve been arguing with the Republicans in the Senate, frankly, why don’t we codify it into New York state law? And the Republican Senators have been saying to me, well we have Roe v. Wade. We don’t need it. No one would be crazy enough to overturn Roe v. Wade. That’s the answer JoAnn has been getting for years when Planned Parenthood would lobby for New York State law. We don’t need it, we have Roe v. Wade. Well you know what? Now we need it. Now we need it.

“And I want the New York State Senators to come back today, tomorrow, to go to Albany, and pass and New York State Roe v. Wade, period. And no excuses. No excuses. For years they’ve been doing this dance, the Republican Senators. Privately they say, I’m pro-choice, I’m pro-choice. When the bill comes up, I’m going to vote pro-choice. [Planned Parenthood of Nassau County CEO]JoAnn [Smith] will tell you. But then, they never let the bill come up. We tried to force a vote this legislative session. They won’t put the bill on the floor. Why? It’s a little game they play. It allows them to say privately, when the bill comes up, I’ll vote yes. But, the bill never comes up, so they can tell one audience, yes, I’m pro-choice. Then they can go to another audience and say, we’ll never pass choice in the state of New York.

“We have to call to question. This is binary. This is black and white. You are either pro-choice or you are not pro-choice and we don’t have Roe v.Wade to fall back on anymore. It’s only what we have in New York State law. And the New York State law does not go as far as Roe v. Wade and if we have only the New York State law, we’re in trouble. It does not do life and health. It is in the criminal code. We will have a problem. We need that law. We have to call to question and we have to say to the Republican Senators who have been having it both ways for too long, that’s over. You are with us or against us. And if you are with us don’t just tell me. Go up to Albany and pass a bill. That’s how I know that you are with the women and the men of this state who support choice. That’s what it has to be.

“In the meantime, I’m going to sign an Executive Order that guarantees the women in this state the right to contraception. I don’t care what the insurance company says or what the bureaucracy says. Women have the right to contraception. But we have to learn the lesson, my friends. Elections have consequences. Elections have consequences. And this is a wakeup call. If what they did on immigration and unions and what they did to Muslims wasn’t enough, this is an attack on every woman’s rights to control her own reproductive health in the United States of America. This is a direct attack on what we knew in 1970.”

Nassau County leaders who joined the Governor today in calling on the State Senate to reconvene and codify Roe v. Wade into state law included:

  • Nassau County Executive Laura Curran
  • Nassau County District Attorney Madeline Singas
  • Nassau County Legislator Ellen Birnbaum
  • Town of North Hempstead Supervisor Judi Bosworth
  • Town of North Hempstead Councilwoman Anna Kaplan
  • Town of North Hempstead Councilwoman Lee Seeman
  • Town of North Hempstead Clerk Wayne Wink
  • Town of Hempstead Clerk Sylvia Cabana
  • JoAnn Smith, President and CEO, Planned Parenthood of Nassau County
  • Rebecca Sanin, President and CEO, Health and Welfare Council of Long Island
  • Matty Aracich, President, Nassau and Suffolk Building Trades Council

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© 2018 News & Photo Features Syndicate, a division of Workstyles, Inc. All rights reserved. For editorial feature and photo information, go to www.news-photos-features.com, email [email protected]. Blogging at www.dailykos.com/blogs/NewsPhotosFeatures. ‘Like’ us on facebook.com/NewsPhotoFeatures, Tweet @KarenBRubin

New York’s 2018 Women’s Agenda Could Be Model for Nation to Advance Equality, Opportunity

Women’s March on Washington, Jan. 21, 2017: On the eve of a second Women’s March, New York State Governor Andrew Cuomo unveils a 2018 Women’s Agenda with 30 proposals to advance equal rights and opportunity. © Karen Rubin/news-photos-features.com

What would a pro-woman agenda look like?

Governor Andrew M. Cuomo unveiled the 2018 Women’s Agenda for New York: Equal Rights, Equal Opportunity and released the Report on the Status of New York Women and Girls: 2018 Outlook. The Agenda consists of 30 proposals addressing health, safety, workplace, girls and family to advance equality and promote opportunity.

Health: pass comprehensive contraceptive coverage; codify Roe v Wade into state law and Constitution; improve access to IVF and fertility preservation services; launch a multi-agency effort to combat maternal depression; establish the Maternal Mortality Review Board to develop policies that will save lives; add experts in women’s health and health disparities to the State board of Medicine

Safety: Pass the Equal Rights Amendment to the state’s constitution to protect against discrimination on the basis of sex; remove firearms from domestic abusers; end sextortion and revenge porn; extend the storage timeline for forensic rape kits a hospitals from 30 days to at least five years or when the victim turns 19; extend human rights law protections to all public school students.

Workplace: combat sexual harassment in the workplace, including a uniform code binding on state government; prevent taxpayer funds from being used for settlements; cal on the NYS common Retirement Fund to invest in companies with women and minority leadership; reauthorize the Minority Women Owned Business Enterprise Program; create a new Women Lead Fellowship; close the gender wage gap; support women returning to or advancing in the workforce with training and job placement services;  close the financing gap for women-owned businesses; make NYS as a model employer for working parents.

Girls: Close the gender gap by giving youngest learners access to computer science and engineering ; launch a new program to enable young girls to shadow women leaders in “non-traditional” fields; continue the NYS mentoring program; create a new a K-12 learning module on healthy relationships; ensure access to menstrual products in public schools;

Family: invest $25 million to expand pre-K and after school programs; increase state funding for child care subsidies; continue the enhanced child care tax credit; establish a Child Care Availability Task Force; ensure equal access to diaper changing stations in public restrooms.

The full Report on the Status of New York Women and Girls: 2018 Outlook reflects the feedback, voices and opinions of women all over the state and is available here.

“From the birth of the women’s rights movement at Seneca Falls to the most comprehensive Paid Family Leave policy in the nation, New York leads the nation in championing women’s rights and breaking down barriers to equality,” Governor Cuomo said. “In 2018, we will build on this progress and continue to advance equality across all areas of life. While the federal government seeks to roll back women’s rights, New York State looks toward the future, with this bold set of proposals to create opportunity for women to succeed in every area: work, health, safety, education and family life.” 

Melissa DeRosa, Secretary to the Governor and Chair of the New York State Council on Women and Girls, said, “I know how demoralizing the 2016 election was for many of us. But in many ways it was also the empowering wake-up call we needed. It helped us find our voice, and our backbone. And for our mothers and grandmothers who came before us and our daughters and my nieces who come after, I promise you this: we will not let this moment pass us by. We have an obligation to ourselves and to them. We will be the change required by this moment: in policy, in practice, in the workplace and all across society. With words and with action. If last year was a reckoning, this year is a battle. And in that fight, New York will lead the way.”

“New York State is serious about changing a culture that enables sexism and violence against women,” Lieutenant Governor Kathy Hochul, Chair of the New York Women’s Suffrage Commission, said. “As the birthplace of the women’s rights movement, New York just marked the centennial of women’s suffrage and we are using this moment to bring about our vision of a world where women’s and men’s lives and potential are equally valued.” 

Assemblywoman Crystal D. Peoples-Stokes, Legislative Ambassador to the New York State Council on Women and Girls said, “Everyone deserves a fair shot at the American Dream, and Governor Cuomo has shown his dedication to achieving that promise for all of New York’s hard-working women and girls. By implementing this all-encompassing agenda to ensure every woman has the opportunity to earn an education, attain a decent job and lead a quality life – New York is setting an example for the rest of the nation and the world on the true worth and value of every citizen of this state.”

Many of the policies and laws that Governor Cuomo has already set in motion to advance women’s equality and opportunity will go into effect in 2018, including Paid Family Leave, raised minimum wage and regulations to protect access to contraception no matter what happens at the federal level.

Here are more details about the specific proposals:

Health 

Pass the Comprehensive Contraceptive Coverage Act: Governor Cuomo will advance legislation to codify access to contraception, including emergency contraception, into New York State law, by passing the Comprehensive Contraceptive Coverage Act.

Codify Roe V. Wade into State Law and Constitution: This year, the Governor will again call for the passage of legislation to ensure the right of women to make personal health care decisions to protect their health in addition to their life and ensure that health care professionals can provide these crucial services without fear of criminal penalty. The Governor will also continue to champion a constitutional amendment to codify these protections into the state constitution. 

Improve Access to IVF and Fertility Preservation Services: Governor Cuomo will direct the Superintendent of Financial Services to evaluate the best approach for incorporating coverage for in vitro fertilization into New York’s infertility mandate and update New York Law to ensure individuals have access to fertility preservation services when appropriate. 

Launch Multi-Agency Effort to Combat Maternal Depression: To strengthen and support the ability of New York’s health care providers to deliver care to mothers experiencing maternal depression, Governor Cuomo will advance an aggressive strategy to ensure that all new mothers have access to screening and treatment. 

Establish the Maternal Mortality Review Board to Save Lives: The Governor will launch a Board that will implement an enhanced multidisciplinary analysis to review each and every maternal death in the New York State and to develop actionable recommendations to improve care and management. 

Add Experts in Women’s Health and Health Disparities to the State Board of Medicine: The Governor will propose legislation to require that one of the doctors on the State Board of Medicine be an expert on women’s health and one of the doctors be an expert in health disparities. 

Safety 

Pass the Equal Rights Amendment: Nearly a century after it was first proposed, New York State has still not passed the Equal Rights Amendment to protect against discrimination on the basis of sex in our State constitution. To right this decades-old wrong, Governor Cuomo will push to pass the Equal Rights Amendment to add sex as a protected class. 

Remove Firearms from Domestic Abusers: To ensure that no domestic abuser continues to possess a firearm, Governor Cuomo will advance legislation to update the list of prohibited offenses to include those domestic violence misdemeanors which are shockingly absent from current law. 

End Sextortion and Revenge Porn: Governor Cuomo proposes a two-pronged approach that will criminalize disclosing or threatening to disclose sexually compromising images or videos with the intent to cause material harm to the victim’s mental or emotional health or to compel the victim to undertake some sexual act; and compelling a person to expose him or herself or engage in sexual conduct by threatening to harm the victim’s health, safety, business, career, financial condition, reputation or personal relationships. 

Extend the Storage Timeline for Forensic Rape Kits at Hospitals: Governor Cuomo will advance new legislation to extend the length of time sexual offense evidence collection kits are preserved from 30 days to at least five years, or when the victim turns 19.

Extend Human Rights Law Protections to All Public School Students Statewide: New York has the proud distinction of being the first state in the nation to enact a Human Rights Law, affording every citizen “an equal opportunity to enjoy a full and productive life.” However, the law does not currently protect public school students due to a court ruling. Governor Cuomo will advance legislation to amend the Human Rights Law to protect all public school students from discrimination. All students in the State of New York must have the right to pursue an education free from discrimination. 

Workplace 

Combat Sexual Harassment in the Workplace: The Governor proposes a multi-pronged plan that targets sexual harassment in the workplace. Governor Cuomo will advance legislation to prevent taxpayer funds from being used for settlements against individuals relating to sexual assault or harassment and to ensure that individual harassers are held accountable; propose a uniform code of sexual harassment policies binding on all State branches of government, agencies and authorities; and propose legislation to prohibit confidentiality agreements relating to sexual assault or harassment for all public entities and branches of government—State and local—unless it is the express preference of the victim. 

Call on the New York State Common Retirement Fund to Invest in Companies with Women and Minority Leadership: Governor Cuomo will call for the New York Common Retirement Fund to invest in companies with adequate female and minority representation in their management and on their boards of directors. The Governor will work with Comptroller DiNapoli to put in place processes and standards to systematically invest in companies that invest in women and minority leadership. 

Reauthorize MWBE Program Legislation and Expand the MWBE Program to All State-Funded Contracts: The Governor will advance legislation that will seek the reauthorization of the State’s Minority and Women-owned Business Enterprise Program, which is due to expire this year, and increase the participation of minority and women-owned businesses in all levels of State contracting—both prime contractors and subcontractors, and propose legislation during the 2017 session that will expand the MWBE Program to more contracts entirely funded by the State. 

Establish the Women Lead Fellowship for Women in Government: To recruit more talented women to work in the highest levels of New York State government, the Governor proposes creating the new Women Lead Fellowship. Ten new fellows will be placed alongside some of the most senior female officials within the Executive Branch.

Close the Gender Wage Gap: In 2017, Governor Cuomo directed the Department of Labor to launch a gender wage gap study to identify the root causes of the gender wage gap—as well as strategies to close it. To review the causes, scope and economic impact of the gender pay gap in New York State, DOL held hearings and stakeholder discussions across the State and solicited testimony from a diverse array of academic experts, women’s groups, workers, business owners and the public. In 2018, DOL will unveil the results of their analysis, as well as a comprehensive suite of policy recommendations to help close the gap. 

Support Women Returning to or Advancing in the Workforce: As part of a new Fund for the Future, Governor Cuomo will pursue a new Women’s Economic Empowerment Initiative, supporting female-headed households and providing training and job placement services accompanied by the critical wrap-around services women need to move toward economic self-sufficiency.

Power Women-Owned Businesses by Taking Steps to Close the Financing Gap: At the Governor’s direction, New York State’s Innovation Venture Capital Fund will set a goal of investing $20 million to support women as they grow and scale their businesses. 

Establish New York State as a Model Employer for Working Parents: Recognizing that a 21st century workforce requires a 21st century workplace, Governor Cuomo will take new actions to establish New York State as the best employer for working parents, including issuing a memo about increasing the use of flexible work schedules and establishing permanent, private, nursing mothers’ rooms and designate priority parking spots for pregnant people at all OGS buildings with dedicated parking lots. 

Girls 

Close the Gender Gap by Giving the Youngest Learners Access to Computer Science and Engineering: This year, Governor Cuomo will launch the Smart Start Computer Science Program, New York’s largest state investment to expand high-quality computer science education and create model computer science standards. 

Launch “If You Can See It You Can Be It,” A Day for Girls to See What is Possible: As part of Take Our Daughters to Work Day, born over 25 years ago in New York, New York State will enhance internal programming and partner with top New York companies to give more young girls the opportunity to shadow women leaders in “non-traditional” fields. The State will also be working to connect homeless youth, youth in foster care and young people from low-income areas to programming where they live.

Continue the Successful New York State Mentoring Program: Recognizing the importance of the role of a supportive adult in a child’s life, Governor Cuomo relaunched the New York State Mentoring program in 2015. In 1984, at the request of her husband, Governor Mario Cuomo, Mrs. Matilda Raffa Cuomo created and implemented The New York State Mentoring Program, the nation’s first statewide unique school based one-to-one mentoring program to prevent school dropout. Today, the New York State Mentoring program serves 1,766 students in 97 school-based sites across New York State. 

Create the “Be Aware-Be Informed” Learning Module to Empower Young People to Forge Healthy Relationships: Governor Cuomo proposes that State Education Department and the Department of Health coordinate to create a K-12 learning module on healthy relationships. Such curriculum will include the same definition of consent used in the successful Enough is Enough law to foment a common understanding for all students. 

Ensure Access to Menstrual Products in Public Schools: Governor Cuomo will propose legislation requiring school districts to provide free menstrual products, in restrooms, for girls in grades 6 through 12. This important step will make New York State a leader in addressing this issue of inequality and stigma, ensuring that no girl’s learning is hindered by lack of access to the products her biology demands. 

Family 

Invest $25 Million to Expand Vital Pre-K and After-School Programs: In order to fulfill the promise of universal pre-kindergarten, and alleviate the child care burden on working families, Governor Cuomo will invest $15 million to continue to expand universal pre-kindergarten for high-need students around the state, creating 3,000 new slots. To ensure that as many students as possible have a safe and supportive place to go after-school, the State will launch an additional $10 million round of Empire State After-School Grants to create 6,250 new slots in high-need areas—especially communities with high rates of homelessness. 

Increase State Funding to Provide Working Families with Affordable Child Care: Child care subsidies help parents and caretakers pay for some or all of the cost of child care. Families are eligible for financial assistance if they meet the State’s low income guidelines and need child care to work, look for work or attend employment training. This year, Governor Cuomo will increase State support for child care subsidies by $7 million above FY 2018 Budget funding levels, restoring recent cuts and sustaining a record level of funding. 

Continue the Enhanced Child Care Tax Credit for Middle Class Families: In 2017, Governor Cuomo created the Enhanced Middle Class Child Care Tax Credit to reduce child care costs for working families. This expansion more than doubled the benefit for 200,000 families. This year, Governor Cuomo will continue the Enhanced Child Care Tax Credit for working families to continue to alleviate costs for families and support the needs of working parents. 

Establish the Child Care Availability Task Force: To build on his investments in child care and the development of safe, accessible, and affordable child care, the Governor is establishing a new Child Care Availability Task Force. This task force, which will include representatives from the child care provider community, the advocacy community, representatives of the business community, unions that represent child care providers, representatives from several state agencies and local departments of social services, will be responsible for examining access to affordable child care; availability of child care for those with nontraditional work hours; statutory and regulatory changes that could promote or enhance access to child care; business incentives to increase child care access; and the  impact on tax credits and deductions relating to child care.

Ensure Equal Access to Diaper Changing Stations in Public Restrooms: Governor Cuomo proposes to change New York’s Uniform Building Code to require all new or substantially renovated buildings with publicly accessible restrooms to provide safe and compliant changing tables. Changing tables will be available to both men and women, and there must be at least one changing table accessible to both genders per publicly-accessible floor.

Senator Catharine M. Young, Legislative Ambassador to the New York State Council on Women and Girls said, “I am honored to work with the strong, principled and extraordinarily dedicated women of the Council to address the everyday challenges faced by women in communities across this state. We bring to our discussions, varying viewpoints and ideas on how best to advance the equality and opportunities that we all want for women and girls across New York. The Governor’s 2018 Women’s Opportunity Agenda unveiled today reflects a shared commitment to these ideals and new ideas for building on New York’s historic record of fighting for the rights of women in this state and nation.”

See also:

Women’s March Redux Jan 20 Will Kick Off Midterm Campaigns to ReMake Government