Non-Physician Abortions: What Does New York Law Say?

Abortion has been legal in New York since 1970, three years before the Roe v. Wade decision legalised abortion across the US. In 2019, New York passed the Reproductive Health Act to protect access to reproductive rights and expand on the right to abortion found in Roe v. Wade. The law allows certain healthcare professionals who aren't doctors, such as physician assistants, nurse practitioners, and midwives, to provide abortion services.

Abortion is legal in New York up to 24 weeks without a physician's approval

In New York, anyone can get an abortion without a physician's approval up to the 24th week of pregnancy. After 24 weeks, abortion is still permitted if a medical provider decides that the fetus is not viable or that the patient's life, physical health, or mental health is at risk. This means that abortion is accessible and legal in New York at any point during a pregnancy if there is a concern for the patient's health.

The decision to have an abortion is a personal one, and no one should be pressured into having or not having an abortion. Abortion services in New York are confidential, and healthcare providers cannot share medical records or information about reproductive health care services without the patient's permission. This includes sharing information with partners, parents, guardians, or anyone else. Additionally, New York requires insurance coverage of abortion, with Medicaid and state-regulated private health insurance plans mandated to cover abortions.

New York also protects against discrimination based on reproductive health care decisions. Employers cannot access personal information about employees' or their partners' reproductive health decisions, and they cannot discriminate based on these decisions. Furthermore, no one can threaten, hurt, or intimidate a person for having or planning to have an abortion or using any other reproductive health service.

After 24 weeks, a physician's approval is required, except when the patient's life or health is at risk

Abortion laws vary from state to state in the United States. In the state of New York, abortion is legal and has been since 1970, three years before the Roe v. Wade decision legalized abortion across the country. In 2019, New York passed the Reproductive Health Act to further protect access to reproductive rights and make abortion a state law.

In New York, abortions are permitted up to and including 24 weeks of pregnancy. After 24 weeks, a physician's approval is required, except when the patient's life, physical health, or mental health is at risk, or if the fetus is non-viable. The New York State Department of Health (DOH) defines "when a patient's health is at risk" broadly to include any factor that impacts a person's well-being. This means that even after 24 weeks, abortion is effectively legal throughout the pregnancy.

The Reproductive Health Act also allows certain healthcare professionals who are not doctors to provide abortion services. These include Advanced Practice Clinicians (APCs) such as physician assistants, nurse practitioners, and licensed midwives.

Minors can consent to an abortion without parental permission

Minors in New York State have the right to consent to an abortion without parental permission. This has been the case since 1970, when New York made abortion legal—three years before Roe v. Wade. In 2019, New York passed the Reproductive Health Act to further protect access to reproductive rights throughout the state and make the right to abortion part of state law. Even after Roe v. Wade was overturned in 2022, New York ensures that all pregnant people, including minors, have the right to a safe and legal abortion.

In New York, people of all ages have the absolute right to an abortion through the 24th week of pregnancy. After 24 weeks, abortion is permitted if a medical provider decides that the fetus is not viable or that the patient's life, physical health, or mental health is at risk. Minors do not need their parents' permission to get an abortion, prenatal care, or other reproductive health services.

The New York Attorney General's Office offers residents and visitors free legal information and resources about accessing abortion through a free hotline. If/When/How's Repro Legal Helpline also offers people seeking abortion care or who have recently had an abortion free, confidential legal advice and information.

It is well documented in public health studies and court rulings that parental involvement laws are bad public health policy. They increase the risk that minors will suffer harm or abuse, avoid or delay seeking necessary care, and/or seek out more dangerous alternatives to avoid involving their parents. While parental involvement should be encouraged, it is most important that young people have access to the services they need to remain safe and healthy.

New York requires insurance coverage of abortion

Abortion has been legal in New York since 1970, and the state passed the Reproductive Health Act in 2019 to further protect access to reproductive rights. New York requires insurance coverage of abortion, including Medicaid and all state-regulated private health insurance plans. This means that cost is not a barrier to accessing abortion services.

New York requires Medicaid and all state-regulated private health insurance plans to cover abortions. This includes private insurance plans such as Aetna, Blue Cross Blue Shield, Emblem Health, and more. Any state-regulated private health insurance plan that offers maternity coverage must provide coverage for abortion without cost-sharing. This means that abortion services will be covered by insurance for people across New York State, regardless of their insurance provider.

For those with Medicaid, New York State law allows individuals to go to any Medicaid provider for the abortion services they need, whether or not that provider is in their health plan. This ensures that people can access abortion services without being restricted to specific providers. Additionally, New York State Medicaid will pay for pregnancy care, including abortion care, regardless of immigration status. Pregnant New Yorkers can qualify for Medicaid at higher income levels, and this option is available to those who are not New York residents.

New York also offers financial support for those who need help with payment. The New York Abortion Access Fund (NYAAF) provides funds to those who live in or are travelling to New York State. Additionally, organisations such as the Brigid Alliance and the Haven Coalition help with travel expenses and overnight lodging for those travelling to New York City for abortion access. These options ensure that financial barriers are not a restriction for those seeking abortions.

New York law protects against discrimination based on reproductive health decisions

Abortion has been legal in New York since 1970, and the state has continued to protect and strengthen abortion rights. In 2019, New York passed the Reproductive Health Act, which protects access to reproductive rights across the state. This legislation ensures that all pregnant people, including minors, transgender men, and non-binary people, have the right to a safe and legal abortion.

New York law also protects individuals from discrimination based on their reproductive health decisions. This means that an employer, or potential employer, cannot discriminate against an employee based on their reproductive health choices. Employers are prohibited from accessing personal information about an employee's reproductive health decisions without prior informed affirmative consent. This includes information about the decision to use a particular drug, device, or medical service.

The law also prohibits employers from discriminating against or retaliating against an employee based on their reproductive health decisions. This includes taking any negative action related to compensation, terms, conditions, or privileges of employment. Additionally, employers cannot require employees to sign any document that could deny their right to make their own reproductive health care decisions.

New York law allows employees to take civil action against employers who violate these protections. Remedies for violations include back pay, benefits, reasonable attorney's fees, and court costs, as well as injunctive relief and reinstatement. Employers may also face separate civil penalties for retaliating against employees who exercise their rights.

These protections for employees are in addition to the confidentiality protections that exist around reproductive health care services in New York. Healthcare providers cannot share medical records or information about reproductive health care services without an individual's permission. This includes information about abortion, birth control, and testing and treatment for sexually transmitted diseases.

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