Complaint Alleges Idaho Law Violates the Emergency Medical Treatment and Labor Act
The Justice Department today filed a lawsuit to protect the rights of patients to access emergency medical care guaranteed by federal law. The suit challenges Idaho Code § 18-622 (§ 18-622), which is set to go into effect on Aug. 25 and imposes a near-total ban on abortion.
The complaint seeks a declaratory judgment that § 18-622 conflicts with, and is preempted by, the Emergency Medical Treatment and Labor Act (EMTALA) in situations where an abortion is necessary stabilizing treatment for an emergency medical condition. The United States also seeks an order permanently enjoining the Idaho law to the extent it conflicts with EMTALA.
“On the day Roe and Casey were overturned, we promised that the Justice Department would work tirelessly to protect and advance reproductive freedom,” said Attorney General Merrick B. Garland. “That is what we are doing, and that is what we will continue to do. We will use every tool at our disposal to ensure that pregnant women get the emergency medical treatment to which they are entitled under federal law. And we will closely scrutinize state abortion laws to ensure that they comply with federal law.”
“Federal law is clear: patients have the right to stabilizing hospital emergency room care no matter where they live,” said Department of Health and Human Services Secretary Xavier Becerra. “Women should not have to be near death to get care. The Department of Health and Human Services will continue its work with the Department of Justice to enforce federal law protecting access to health care, including abortions.”
“One critical focus of the Reproductive Rights Task Force has been assessing the fast-changing landscape of state laws and evaluating potential legal responses to infringements on federal protections,” said Associate Attorney General Vanita Gupta. “Today’s lawsuit against the State of Idaho for its near-absolute abortion ban is the first public example of this work in action. We know that these are frightening and uncertain times for pregnant women and their providers, and the Justice Department, through the Task Force’s work, is committed to doing everything we can to ensure continued lawful access to reproductive services.”
EMTALA requires hospitals that receive federal Medicare funds to provide necessary stabilizing treatment to patients who arrive at their emergency departments while experiencing a medical emergency. When a physician reasonably determines that the necessary stabilizing treatment is an abortion, state law cannot prohibit the provision of that care. The statute defines necessary stabilizing treatment to include all treatment needed to ensure that a patient will not have her health placed in serious jeopardy, have her bodily functions seriously impaired, or suffer serious dysfunction of any bodily organ or part.
As explained in the complaint, once § 18-622 enters into effect in Idaho, a prosecutor can indict, arrest and prosecute a physician merely by showing that an abortion has been performed, without regard to the circumstances. A physician who provides an abortion in Idaho can ultimately avoid criminal liability only by establishing as an affirmative defense that “the abortion was necessary to prevent the death of the pregnant woman” or that, before performing the abortion, the pregnant patient (or, in some circumstances, their parent or guardian) reported an “act of rape or incest” against the patient to a specified agency and provided a copy of the report to the physician. The law provides no defense for an abortion necessary to protect the health of the pregnant patient.
Idaho’s criminal prohibition of all abortions, subject only to the statute’s two limited affirmative defenses, directly conflicts with EMTALA and stands as an obstacle to the accomplishment of EMTALA’s federal objectives of providing stabilizing care and treatment to anyone who needs it. The Justice Department is committed to protecting access to reproductive services. Following the Supreme Court’s decision in Dobbs, the Justice Department established the Reproductive Rights Task Force, chaired by Associate Attorney General Gupta. The Task Force is charged with protecting access to reproductive freedom under federal law. For additional information on the work of the Task Force visit www.justice.gov/reproductive-rights.
Justice Department Announces Reproductive Rights Task Force
The Task Force Formalizes the Department’s Ongoing Work to Protect Reproductive Freedom Under Federal Law
The Justice Department announced today the establishment of the Reproductive Rights Task Force. The Task Force formalizes an existing working group and efforts by the Department over the last several months to identify ways to protect access to reproductive health care in anticipation of the possibility of the Supreme Court overturning Roe v. Wade and Planned Parenthood v. Casey. Associate Attorney General Vanita Gupta will chair the Task Force, which will consist of representatives from the Department’s Civil Division, Civil Rights Division, U.S. Attorney community, Office of the Solicitor General, Office for Access to Justice, Office of Legal Counsel, Office of Legal Policy, Office of Legislative Affairs, Office of the Associate Attorney General, Office of the Deputy Attorney General and Office of the Attorney General and will be supported by dedicated staff.
“As Attorney General Garland has said, the Supreme Court’s Dobbs decision is a devastating blow to reproductive freedom in the United States,” said Associate Attorney General Gupta. “The Court abandoned 50 years of precedent and took away the constitutional right to abortion, preventing women all over the country from being able to make critical decisions about our bodies, our health, and our futures. The Justice Department is committed to protecting access to reproductive services.”
The Task Force will monitor and evaluate all state and local legislation and enforcement actions that threaten to:
Infringe on federal legal protections relating to the provision or pursuit of reproductive care;
Impair women’s ability to seek reproductive care in states where it is legal;
Impair individuals’ ability to inform and counsel each other about the reproductive care that is available in other states;
Ban Mifepristone based on disagreement with the FDA’s expert judgment about its safety and efficacy; or
Impose criminal or civil liability on federal employees who provide reproductive health services in a manner authorized by federal law.
The Task Force will identify such actions and coordinate appropriate federal government responses, including proactive and defensive legal action where appropriate. The Task Force will work with agencies across the federal government to support their work on issues relating to reproductive rights and access to reproductive healthcare.
The Justice Department is working with external stakeholders such as reproductive services providers, advocates and state attorneys general. The Task Force will continue this important effort. It will also work with the Office of Counsel to the President to convene a meeting of private pro bono attorneys, bar associations and public interest organizations in order to encourage lawyers to represent and assist patients, providers and third parties lawfully seeking reproductive health services throughout the country. In order to assist attorneys working to protect access to comprehensive reproductive health services, the Task Force will centralize online legal resources, such as filed Justice Department legal briefs and information about the Freedom of Access to Clinic Entrances Act.
Recognizing that the best way to protect reproductive freedom is through congressional action, the Task Force will also coordinate providing technical assistance to Congress in connection with federal legislation to codify reproductive rights and ensure access to comprehensive reproductive services. It will also coordinate the provision of technical assistance concerning Federal constitutional protections to states seeking to afford legal protection to out-of-state patients and providers who offer legal reproductive healthcare.
HHS Issues Guidance to the Nation’s Retail Pharmacies Clarifying Their Obligations to Ensure Access to Comprehensive Reproductive Health Care Services
Today, following President Biden’s Executive Order on ensuring access to reproductive health care, the U.S. Department of Health and Human Services (HHS) is issuing guidance to roughly 60,000 U.S. retail pharmacies, reminding them of their obligations under federal civil rights laws. The guidance makes clear that as recipients of federal financial assistance, including Medicare and Medicaid payments, pharmacies are prohibited under law from discriminating based on race, color, national origin, sex, age, and disability in their programs and activities. This includes supplying prescribed medications; making determinations regarding the suitability of prescribed medications for a patient; and advising a patient about prescribed medications and how to take them. The action is the latest step in the HHS’ response to protect reproductive health care.
“We are committed to ensuring that everyone can access health care, free of discrimination,” said Secretary Becerra. “This includes access to prescription medications for reproductive health and other types of care.”
Under Section 1557 of the Affordable Care Act (Section 1557), 42 U.S.C. 18116, recipients of federal financial assistance cannot exclude an individual from participation in, denying them the benefits of, or otherwise subjecting them to discrimination based on sex and other bases (i.e., race, color, national origin, age, and disability) in their programs and activities. Under federal civil rights law, pregnancy discrimination includes discrimination based on current pregnancy, past pregnancy, potential or intended pregnancy, and medical conditions related to pregnancy or childbirth.
HHS is committed to ensuring that people can access reproductive health care, free from discrimination. If you believe that your or another person’s civil rights have been violated, you can file a complaint with HHS at: https://www.hhs.gov/ocr/complaints/index.html.
Below are a list of actions HHS has taken in the days following the Supreme Court’s ruling to ensure access to reproductive health care:
Convened a meeting with health insurers, and sent them a letter, calling on the industry to commit to meeting their obligations to provide coverage for contraceptive services at no cost as required by the Affordable Care Act;
Issued guidance to patients and providers that addresses the extent to which federal law and regulations protect individuals’ private medical information when it comes to seeking abortion and other forms of reproductive health care, as well as when it comes to using health information apps on smartphones;
Announced nearly $3 million in new funding to bolster training and technical assistance for the nationwide network of Title X family planning providers;
Met with Michigan Governor Gretchen Whitmer, Oregon Governor Kate Brown, and Maine Governor Janet Mills and state attorneys general to discuss state-specific concerns;
Issued guidance on the Emergency Medical Treatment and Active Labor Act (EMTALA) reaffirming that it protects providers when offering legally-mandated, life- or health-saving abortion services in emergency situations.
Immediately following the extremist majority Supreme Court’s decision overturning Roe v. Wade, President Joe Biden declared he would use whatever levers were available to him as President, but much was up to Congress and, because of the decision, state legislatures. “My administration will use all of its appropriate lawful powers,” President Biden said. “But Congress must act. And with your vote, you can act. You can have the final word. This is not over.” Today, President Biden is signing an Executive Order protecting access to reproductive health care services. Here is a fact sheet from the White House:
Two weeks ago, the Supreme Court issued a decision that overturned Roe v. Wade and eliminated a woman’s Constitutional right to choose. This decision expressly took away a right from the American people that it had recognized for nearly 50 years – a woman’s right to make her own reproductive health care decisions, free from government interference. Fundamental rights – to privacy, autonomy, freedom, and equality – have been denied to millions of women across the country, with grave implications for their health, lives, and wellbeing. This ruling will disproportionately affect women of color, low-income women, and rural women.
President Biden has 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 committed to doing everything in his power to defend reproductive rights and protect access to safe and legal abortion.
Today, President Biden signed an Executive Order Protecting Access to Reproductive Health Care Services. This Executive Order builds on the actions his Administration has already taken to defend reproductive rights by:
Safeguarding access to reproductive health care services, including abortion and contraception;
Protecting the privacy of patients and their access to accurate information;
Promoting the safety and security of patients, providers, and clinics; and
Coordinating the implementation of Federal efforts to protect reproductive rights and access to health care.
SAFEGUARDING ACCESS TO REPRODUCTIVE HEALTH CARE SERVICES
The President has directed the Secretary of Health and Human Services (HHS) to take the following actions and submit a report to him within 30 days on efforts to:
Protect Access to Medication Abortion. HHS will take additional action to protect and expand access to abortion care, including access to medication that the FDA approved as safe and effective over twenty years ago. These actions will build on the steps the Secretary of HHS has already taken at the President’s direction following the decision to ensure that medication abortion is as widely accessible as possible.
Ensure Emergency Medical Care. HHS will take steps to ensure all patients – including pregnant women and those experiencing pregnancy loss – have access to the full rights and protections for emergency medical care afforded under the law, including by considering updates to current guidance that clarify physician responsibilities and protections under the Emergency Medical Treatment and Labor Act (EMTALA).
Protect Access to Contraception. HHS will take additional actions to expand access to the full range of reproductive health services, including family planning services and providers, such as access to emergency contraception and long-acting reversible contraception like intrauterine devices (IUDs). In all fifty states and the District of Columbia, the Affordable Care Act guarantees coverage of women’s preventive services, including free birth control and contraceptive counseling, for individuals and covered dependents. The Secretary of HHS has already directed the Centers for Medicare and Medicaid Services to take every legally available step to ensure patient access to family planning care and to protect family planning providers.
Launch Outreach and Public Education Efforts. HHS will increase outreach and public education efforts regarding access to reproductive health care services—including abortion—to ensure that Americans have access to reliable and accurate information about their rights and access to care.
Convene Volunteer Lawyers. The Attorney General and the White House Counsel will convene private pro bono attorneys, bar associations, and public interest organizations to encourage robust legal representation of patients, providers, and third parties lawfully seeking or offering reproductive health care services throughout the country. Such representation could include protecting the right to travel out of state to seek medical care. Immediately following the Supreme Court decision, the President announced his Administration’s position that Americans must remain free to travel safely to another state to seek the care they need, as the Attorney General made clear in his statement, and his commitment to fighting any attack by a state or local official who attempts to interfere with women exercising this right.
PROTECTING PATIENT PRIVACY AND ACCESS TO ACCURATE INFORMATION
The President’s Executive Order takes additional steps to protect patient privacy, including by addressing the transfer and sales of sensitive health-related data, combatting digital surveillance related to reproductive health care services, and protecting people seeking reproductive health care from inaccurate information, fraudulent schemes, or deceptive practices. The Executive Order will:
Protect Consumers from Privacy Violations and Fraudulent and Deceptive Practices. The President has asked the Chair of the Federal Trade Commission to consider taking steps to protect consumers’ privacy when seeking information about and provision of reproductive health care services. The President also has directed the Secretary of HHS, in consultation with the Attorney General and Chair of the FTC, to consider options to address deceptive or fraudulent practices, including online, and protect access to accurate information.
Protect Sensitive Health Information. HHS will consider additional actions, including under the Health Insurance Portability and Accountability Act (HIPAA), to better protect sensitive information related to reproductive health care. The Secretary of HHS has already directed the HHS Office for Civil Rights to take initial steps to ensure patient privacy and nondiscrimination of patients, as well as providers who provide reproductive health care, including by:
Issuing new guidance to address how the HIPAA Privacy Rule protects the privacy of individuals’ protected health information, including information related to reproductive health care. The guidance helps ensure doctors and other medical providers and health plans know that, with limited exceptions, they are not required – and in many cases, are not permitted – to disclose patients’ private information, including to law enforcement.
Issuing a how-to guide for consumers on steps they can take to make sure they’re protecting their personal data on mobile apps.
PROMOTING SAFETY AND SECURITY
The Executive Order addresses the heightened risk related to seeking and providing reproductive health care and will:
Protect Patients, Providers, and Clinics. The Administration will ensure the safety of patients, providers, and third parties, and to protect the security of other entities that are providing, dispensing, or delivering reproductive health care services. This charge includes efforts to protect mobile clinics, which have been deployed to borders to offer care for out-of-state patients.
COORDINATING IMPLEMENTATION EFFORTS
To ensure the Federal government takes a swift and coordinated approach to addressing reproductive rights and protecting access to reproductive health care, the President’s Executive Order will:
Establish an Interagency Task Force. The President has directed HHS and the White House Gender Policy Council to establish and lead an interagency Task Force on Reproductive Health Care Access, responsible for coordinating Federal interagency policymaking and program development. This Task Force will also include the Attorney General. In addition, the Attorney General will provide technical assistance to states affording legal protection to out-of-state patients as well as providers who offer legal reproductive health care.
EXECUTIVE ORDER BUILDS ON ADMINISTRATION’S ACTIONS TO PROTECT ACCESS TO REPRODUCTIVE HEALTH CARE
In addition to the actions announced today, the Biden-Harris Administration has taken the following steps to protect access to reproductive health care and defend reproductive rights in the wake of the Supreme Court decision in Dobbs. On the day of the decision, the President strongly denounced the decision as an affront to women’s fundamental rights and the right to choose In addition to action mentioned above, the Biden-Harris Administration is:
Supporting Providers and Clinics. The Secretary of HHS directed all HHS agencies to ensure that all HHS-funded providers and clinics have appropriate training and resources to handle family planning needs, and announced nearly $3 million in new funding to bolster training and technical assistance for the nationwide network of Title X family planning providers.
Promoting Access to Accurate Information. On the day of the Supreme Court’s decision, HHS launched ReproductiveRights.gov, which provides timely and accurate information about reproductive rights and access to reproductive health care. This includes know-your-rights information for patients and providers and promoting awareness of and access to family planning services, as well as guidance for how to file a patient privacy or nondiscrimination complaint with its Office for Civil Rights.
Providing Leave for Federal Workers Traveling for Medical Care. The Office of Personnel Management issued guidance affirming that paid sick leave can be taken to cover absences for travel to obtain reproductive health care.
Protecting Access to Reproductive Health Care Services for Service members, DoD Civilians, and Military Families. The Department of Defense (DoD) issued a memo to the Force, DoD civilians and military families on ensuring access to essential women’s health care services. The memo reiterates that the Department will continue to provide seamless access to reproductive healthcare for military and civilian patients, as permitted by federal law. Military providers will continue to fulfill their duty to care for Service members, military dependents and civilian personnel who require pregnancy termination in the cases of rape, incest, or to protect the life of the mother.
By Karen Rubin, News & Photo Features, news-photos-features.com
Thousands gathered in Foley Square, in front of the federal court house, to hear calls for justice, equal rights and full personhood for women in face of the assault on abortion rights from Texas and dozens of states and the right wing majority Supreme Court’s deference and then marched up to Washington Square Park, bringing their messages of “Save Roe” “Keep Your Rosaries Off My Ovaries”, “Hands off Our Privates” “We Won’t Go Back” and “Ruth Sent Us.” (See: NYC Joins Millions Across Country in Rallies, Marches for Women’s Reproductive Freedom)
By Karen Rubin, News & Photo Features, news-photos-features.com
New York State Governor Kathy Hochul came out hopping mad over the Texas abortion ban strategy and swinging at the Planned Parenthood Day of Action Rally in support of abortion access, making a sweeping invitation to any woman in a state where abortion access is obstructed, to come to New York, a sanctuary.
“We are here to show the rest of the nation that New Yorkers stand with every single one of you. Women across this nation, we have your back.”
She declared, “Right now, we have oppression going on in our own country when people are trying to tell women what to do with their own bodies. It stops here in New York. Let’s take this battle all across the nation. To Washington, to Texas, and anywhere else that they think they have a right to have their hands on our bodies.
“Keep your damn hands off our bodies.”
In addition, Governor Hochul announced an agenda to affirm abortion rights and cement New York’s status as a place to welcome women seeking abortion care.
Governor Hochul was joined by Senator Kirsten Gillibrand to lay out their combined efforts to fight for reproductive rights. As part of these efforts, the Governor is directing State agencies to coordinate a statewide public information campaign, including the development of a patient bill of rights, in coordination with stakeholders. This campaign will help women know their rights and legal protections and ensure this information is accessible and widely available. The Governor also directed the Department of Health to take immediate action to develop and widely distribute modern and comprehensive provider guidance on the right to provide abortion care and to ensure updates to existing regulations are adopted so that medication abortion can be more easily accessed during telehealth visits.
“Abortion access is safe in New York – the rights of those who are seeking abortion services will always be protected here,” Governor Hochul said. “This plan will affirm that in our state, and leaders like Senator Gillibrand will fight on a national level. To the women of Texas, I want to say I am with you. Lady Liberty is here to welcome you with open arms.”
Recognizing that national attention on abortion issues may make misinformation more likely to spread, the Governor also wrote a letter to Facebook urging the company to provide information on any current efforts to mitigate the spread of abortion misinformation online and to take new action to combat misinformation about abortion laws, regulations, and availability.
Here is a highlighted transcript:
Are you all fired up? I am fired up. I love a good fight. But I’ll tell you, my friends, this is a fight that I thought ended when my mother was starting out as a parent, as a young person. I had no idea that all these years later we’d be fighting the same fight that grandma and my mom fought, that my own daughter now has her rights threatened by crazy people in places like Texas.
We are sick and tired of being sick and tired, are we not? Have you heard that before? We don’t want to be fighting this anymore, but we are ready. We are here to show the rest of the nation that New Yorkers stand with every single one of you.
Women across this nation, we have your back. We will not abandon you just because we are far more enlightened in our respect for women’s bodies, and I have been a fighter on the forefront of this battle since 27 years ago when I ran for local office, running for a simple town board in a small town, and I was told in this very conservative community, if I didn’t take the “Right to Life” political line that I would never get elected in a million years. And I said, well watch this. I would not touch that line. I ran for office and I won overwhelmingly, time and time and time again.
And I say that because that is what’s going on in other parts of our nation and even in parts of our own state. And I’ll tell you one more story. I am so passionately engaged in making sure that every woman never has to find her way to a back alley, or to fight for simply having contraception access. I will join this battle and I will help lead the nation in this fight because when I was a member of congress, as member of congress I fought for the Affordable Care Act, because I thought health rights are human rights. It’s that simple. Everybody deserves the dignity of good healthcare and included in that was the right to contraceptive coverage by employers. They had to provide this, and I stood firm for that, and as a result that was an issue that I lost my seat in Congress on, and I would do it all over again because sometimes you just have to stand up and do what’s right and stand up for other people. And that’s what you’re doing here, standing in the rain in Brooklyn today. I am so proud of you, every one of you.
I want to thank our great borough president, Eric Adams, who is hosting us. Thank you, future Mayor Eric Adams. And to all of the elected officials who are here today. This is a battle that’s always happening in the streets. It’s happening at the Planned Parenthoods facilities that I’ve gone to after they’ve been subjected to attacks and terrorist actions.
We have to stand together and let people know that there is a reason why we feel we should be the sanctuary for people across this nation whose rights are attacked, whether it’s Texas or anywhere else because in 1886 they erected a beautiful woman in our harbor with her hand held high with torch in it, a beacon of hope for people who are oppressed.
And right now, we have oppression going on in our own country when people are trying to tell women what to do with their own bodies. It stops here in New York. Let’s take this battle all across the nation. To Washington, to Texas, and anywhere else that they think they have a right to have their hands on our bodies.
Keep your damn hands off our bodies. Keep your damn hands off our bodies. We are sick and tired. We are going to take this battle anywhere it occurs, and I want to thank all of you. You inspire me. You inspire me, each and every one of you when I come out here and I see your passion to fight for other people and make they have their dignity and rights. I want to thank you, Joy, and all our friends at Planned Parenthood for being there when we need you the most.
I am going to join this army, I’m going to help lead this army, whatever you need me to do, I will be there my friends. It’s all about showing up just like you showed up here on this beautiful day in Brooklyn. Thank you everybody.
Standing Up for Women’s Reproductive Rights
Senator Gillibrand said,”Having control over your own body and your own future is a basic human right. But that right is being threatened every day. The recent law in Texas – and the Supreme Court’s refusal to block it – is dangerous and disturbing. This law is not just unconscionable, it’s unconstitutional. At the federal level, we must pass the Women’s Health Protection Act, which would create federal protections against state restrictions that fail to protect women’s health and intrude upon personal decision-making. Here in New York, we luckily have a governor who understands and champions fundamental reproductive rights. I stand ready to support Governor Hochul’s efforts to ensure that providers, patients and the people of New York have the best information about abortion care and the resources to get the care they need.”
Representative Carolyn B. Maloney said, “The Supreme Court’s failure to block the draconian Texas anti-choice SB8 law flies in the face of decades of precedent and is a major blow to Americans’ constitutional right to an abortion. SB 8 makes it illegal to end a pregnancy under nearly all circumstances after 6 weeks — before most people even know they’re pregnant. This devastating ruling by the highest court will most impact BIPOC and lower income individuals who often do not have the same access to health care or ability to travel out of state to access an abortion. The House has already voted to repeal the Hyde Amendment, and we must pass the Women’s Health Protection Act. Here in New York, I’m so proud to have a governor like Kathy Hochul, who I know will work each and every day to protect New Yorkers’ reproductive rights.”
New York Senate Majority Leader Andrea Stewart-Cousins said, “In New York, we have shown that we are ready to protect women’s right to choose and access high quality reproductive healthcare,” “I want to thank Gov. Hochul and all the partners involved in this campaign, for amplifying the message that in New York, we will continue to be the standard bearers for women’s reproductive rights. With this campaign we are saying that in New York, women’s health matters, women’s decisions matter and the reproductive rights of ALL New Yorkers’ and visitors alike are protected.”
Senator Liz Krueger, Co-Chair of Bipartisan Pro-Choice Legislative Caucus said, “For many years before we passed the Reproductive Health Act in New York, we were told by opponents of choice that it was unnecessary, because the Supreme Court would never overturn Roe v. Wade. And yet here we are: just two years after passing the RHA, a Court packed with radical extremists has upheld Texas Republicans’ flagrantly unconstitutional forced-birth law. Opponents of reproductive freedom have made clear that their attacks on women will not let up, so neither can we. I thank Governor Hochul for taking a strong stand for the rights of women and families to make their own reproductive decisions without government interference.”
Assemblymember Deborah J. Glick said, “Texas’ draconian abortion ban is deeply disturbing, but not surprising. Despite a majority of Americans supporting a pregnant person’s right to choose, anti-choice extremists continue to try to undermine our constitutional right to seek reproductive health care, including abortions. I have worked tirelessly to protect and strengthen reproductive rights, and I am proud to have led the charge to codify Roe v Wade in New York State state law in the Reproductive Health Act for just this eventuality. Texas’ disgraceful law shows us why we must continue to fight to protect our right to choose.”
Assemblymember Rodneyse Bichotte Hermelyn, incoming Chair of the New York State Assembly Task Force on Women’s Issues said, “We cannot allow oppressive, anti-woman bans on our bodies to penetrate our state or nation. The GOP-led stripping of women’s rights in Texas must be stopped. We need to protect women from the Court’s inaction, which could jeopardize our reproductive rights everywhere. I am grateful to the Governor, Kathy Hochul, and Sen. Gillibrand for taking a stand to make sure these archaic laws never undermine our health care in the state of New York.”
Assemblymember Kimberly Jean-Pierre, Chair of the Legislative Women’s Caucus said, “Make no mistake, Texas’s draconian new abortion law is an unconstitutional attack on the reproductive rights of women across our nation. Here in New York, we will always stand up for the right of women to make their own reproductive health choices, and under the leadership of Governor Hochul, I know that our state will continue to be a safe haven for women and their access to care in the face of this abhorrent assault on our fundamental rights to reproductive freedom.”
Assemblymember Karines Reyes, Co-Chair of Bipartisan Pro-Choice Legislative Caucus said, “The abortion ban recently enacted in Texas is completely reprehensible. A women’s right to an abortion is just that – a right – and in New York we will always do everything we can to protect a women’s right to choose. I thank Governor Hochul for taking aggressive actions to affirm abortion rights in New York and making sure that every woman in New York knows her rights.”
Manhattan Borough President Gale A. Brewer said, “While other states are cracking down on reproductive rights with needless and extreme laws, here in New York State Governor Kathy Hochul is taking action to ensure that we remain a beacon of hope. All reproductive health, including abortion must be legal, safe, accessible, and affordable. That’s what today’s announcement by Governor Hochul aims to promote.”
Robin Chappelle Golston, President & CEO of Planned Parenthood Empire State Acts said, “Make no mistake – there is a national effort to destroy access to abortion in this country and we must be just as aggressive to expand reproductive healthcare. This is our moment, to not just hold the line on access to abortion here in New York, but to boldly advance it. Everyone deserves the freedom to control their own body, make personal decisions and shape their own future. I want to thank Governor Hochul for her shared and unwavering commitment to this vision, and for the steps she is taking to ensure New York remains a beacon of freedom and access for all.”
Donna Lieberman, Executive Director of the New York Civil Liberties Union said, “We’ve done it before and we’ll do it again: New York will open its doors to those in need of an abortion and stand up against any state that puts a bounty on reproductive freedom. In the face of Texas’ blatantly unconstitutional attacks on abortion access, we applaud Governor Hochul’s decisive action in partnering with experts and stakeholders to ensure New York is a haven state for all who need abortion care. We will not let Texas, or any other state that tries to follow suit, turn back the clock.”
Camille A. Clare, MD, MPH, CPE, FACOG, chair of ACOG District II said, “In a time when women’s reproductive healthcare is under attack across this country, the American College of Obstetricians and Gynecologists, District II is proud to stand with Governor Hochul as she prioritizes access to comprehensive abortion services. Abortion is health care and ACOG District II supports and uplifts the voices of the women seeking abortion services and the medical professionals who provide them. New York State must become a safe haven for anyone seeking abortion care and our medical leadership looks forward to partnering with the Governor and the Department of Health as they work to ensure a comprehensive and transparent system of abortion care here in New York.”
Andrea Miller, President of the National Institute for Reproductive Health Action Fund said, “Texas has passed the most extreme abortion ban in the country, leading to a crisis point for abortion access. The NIRH Action Fund is pressing forward in every state and city we can to secure equitable access to abortion care — because everyone who needs care should receive with it with support, with dignity, and without fear. We applaud Governor Hochul for taking bold action to ensure that New York State is doing all it can to ensure access to all New Yorkers and all those who travel here for care. We invite governors and legislators in states across the country to follow her lead.”
Plan to Ensure the Right to Abortions in New York State
In an effort to ensure the right to abortions in New York State, the Department of Health will develop webpage on the provision of abortion care, complete with a Patient Bill of Rights. This will include information on abortion care in New York State, patients’ rights to abortion care within New York State, and links to identify providers who offer abortion services.
DOH will convene a group of experts to develop and issue a guidance document on the provision of abortion care in New York State. This will include collaboration from American College of Obstetricians & Gynecologists, National Abortion Federation, National Institute for Reproductive Health, Planned Parenthood Empire State Acts, New York Civil Liberties Union and clinical providers with an expertise in abortion care. Webinar on guidance document and clinical considerations will be open to providers across New York State and recorded for ongoing availability on the DOH website.
Guidance for Individual Provider Discretion Under Reproductive Health Act
The New York State Department of Health will develop guidance with an emphasis on clarifying the full scope of individual provider discretion under the Reproductive Health Act, and the definition of the term “commencement of pregnancy” as it relates to abortion care. The New York State Abortion Guidance Document will be shared with all New York State clinical providers able to perform abortion in New York State via the Health Commerce System.
The Department of Health will enact regulatory updates including to allow for provision of services via telehealth. These updates will ensure that medication abortion is more easily accessed during telehealth visits, and with the goal of making this an option irrespective of the pandemic.