Abortion Law: New York's Progressive Step Forward

New York has some of the most progressive abortion laws in the United States. Abortion has been legal in the state since 1970, three years before the Roe v. Wade decision, which legalized abortion across the country. In 2019, New York passed the Reproductive Health Act, which expanded protections for abortion access, allowing healthcare professionals who aren't doctors to provide abortion services. The law also broadened the list of legal exceptions for performing abortions past 24 weeks, allowing abortions throughout pregnancy when a fetus is non-viable or to protect the pregnant person's life or health. This can include their mental health. New York's abortion laws are less restrictive than those in many other states, which may impose waiting periods, detailed consent, and counseling mandates. New York also prohibits interference with healthcare services and has specific criminal laws to prevent individuals from interfering with or blocking access to reproductive health care services, including abortion.

Abortion rights are protected in New York State law, so federal decisions to limit access won't impact New York

The Reproductive Health Act, passed in 2019, further protects access to reproductive rights in the state and makes the right to abortion part of state law. This Act ensures that all pregnant people, including minors, transgender men, and non-binary people, have the right to a safe and legal abortion. 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.

The New York State government has taken several steps to protect and strengthen abortion rights. Governor Kathy Hochul is committed to ensuring that abortion remains safe, legal, and accessible for all who need it. The state has also enacted shield laws to protect those seeking abortions in New York from civil and criminal litigation from their home state. Additionally, New York requires insurance coverage of abortion and protects against discrimination based on reproductive health care decisions.

New York also provides several resources to help individuals access abortion services. The New York City Abortion Access Hub offers confidential assistance in finding a provider, scheduling appointments, and obtaining financial assistance, transportation, and lodging. Interpretation services are also available. The state also offers a Reproductive Rights Hotline, providing free legal information and resources about accessing abortion. These resources are available to both residents and visitors of New York.

Abortion is legal in New York up to 24 weeks

Abortion has been legal in New York since 1970, three years before the Roe v. Wade decision legalized abortion across the United States. In 2019, New York passed the Reproductive Health Act to further protect access to reproductive rights and make the right to abortion part of state law. This means that even after Roe v. Wade was overturned in 2022, New York still ensures that all pregnant people have the right to a safe and legal abortion.

New York's abortion law permits abortions up to 24 weeks into a pregnancy. After this point, abortions are still allowed if the fetus is not viable or if the procedure is deemed necessary to protect the patient's life or health. This decision must be made by a licensed healthcare practitioner and can include the patient's mental health.

The law also repealed a section of the public health law that required abortions after 12 weeks to be performed in a hospital, and that an additional physician be present for abortions after 20 weeks. New York's abortion law does not impose waiting periods, detailed consent, or counseling mandates, and other regulations on abortion clinics and healthcare providers.

The state also protects those seeking abortions from civil and criminal litigation from their home state, and has specific criminal laws in place to prevent individuals from interfering with or blocking access to those seeking reproductive health services, including abortion.

New York requires insurance coverage of abortion

New York has a long history of protecting abortion rights, having made abortion legal in 1970, three years before the Roe v. Wade decision. In 2019, New York passed the Reproductive Health Act to further protect access to reproductive rights and make the right to abortion part of state law.

Planned Parenthood of Greater New York, for example, accepts most private insurance and participates in many managed care and qualified health plans. They also accept NYS Medicaid for all their services.

In addition to insurance coverage, New York offers other financial support options for those seeking abortions. The New York Abortion Access Fund, for instance, provides financial assistance for abortions, and there are practical support organizations that can help with travel, food, lodging, and childcare costs.

New York's requirement for insurance coverage of abortion is a crucial aspect of the state's commitment to ensuring safe, legal, and accessible abortions for all who need them. By mandating insurance coverage, New York helps to remove financial barriers and ensures that individuals can make their own decisions about their reproductive health without being limited by economic constraints.

New York protects against discrimination based on reproductive health decisions

New York has implemented several measures to protect individuals against discrimination based on their reproductive health decisions. Firstly, the state has amended its Labor Law to prohibit employment discrimination based on an employee's or their dependent's reproductive health decision-making. This law prevents employers from accessing an employee's personal information regarding reproductive health decisions without their prior written consent. It also prohibits discrimination or retaliation against employees for their reproductive health choices, including decisions related to the use of specific drugs, devices, or medical services.

Consequently, employers cannot take any adverse personnel actions against employees regarding compensation, terms, conditions, or privileges of employment based on their reproductive health decisions. For instance, an employer cannot deny an employee a promotion or a benefit because of their decision to use reproductive health services. The law also forbids employers from requiring employees to sign any documents that waive their right to make their own reproductive health care decisions.

In addition to these protections, New York has also taken steps to safeguard the confidentiality of individuals' reproductive health choices. Healthcare providers are generally prohibited from sharing medical records or information about reproductive health care services, including abortion, birth control, and sexually transmitted disease testing and treatment, without the individual's permission. This means that an individual's partner, parents, guardians, or any other person cannot access their reproductive health information without their consent.

Furthermore, New York law explicitly states that employers cannot access personal information about an individual's or their partner's reproductive health decisions. This protection extends to potential employers, who are also prohibited from discriminating against job applicants based on their reproductive health choices.

The state has also addressed the issue of fake "abortion clinics" or crisis pregnancy centers. These facilities often attempt to prevent people from having abortions and sometimes even discourage the use of contraception. New York has taken steps to ensure that individuals are aware of their rights and can make informed choices regarding their reproductive health.

New York prohibits interference with healthcare services

New York has a long history of protecting abortion rights, having made abortion legal as early as 1970—three years before the Roe v. Wade decision. In 2019, the state passed the Reproductive Health Act to further protect access to reproductive rights and make the right to abortion part of state law.

The Reproductive Health Act also repealed a section of the public health law that required abortions after 12 weeks to be performed in a hospital, and for an additional physician to be present for abortions after 20 weeks.

New York's abortion laws are less restrictive than those in many other states, which may impose waiting periods, detailed consent and counseling mandates, and other regulations on abortion clinics and other healthcare providers. New York does not set up barriers to reproductive health care, including the decision to end a pregnancy. If you choose to have an abortion, you won't need the consent of your partner, parent, or guardian. There is no mandated counseling or waiting period before accessing abortion services.

New York also protects the privacy of those seeking abortions. Healthcare providers generally cannot share medical records or information about reproductive health care services—including abortion, birth control, and testing and treatment for sexually transmitted diseases—without the patient's permission.

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