NY State Legislation Supports Virtual Reproductive Healthcare Services

In support of access to virtual reproductive healthcare services, Gov. Kathy Hochul of New York signed legislation to allow healthcare providers to prescribe abortion medications to patients in states with reproductive health access barriers.

In the US, access to abortion services is becoming increasingly limited. Most abortions are banned in 14 states, with others placing gestational limits on the procedure. Some states have also banned medication abortions through telehealth. In 2021, for example, South Dakota Gov. Kristi Noem took action to ban telehealth abortions in the state.

On the other hand, states where abortion remains legal are taking steps to expand access.

Thus, on the eve of the first anniversary of the Supreme Court overturning Roe v. Wade. Hochul signed legislation to expand reproductive healthcare access, particularly access to virtual abortion resources, to out-of-state residents. Through the law, in-state providers will have the ability to extend telehealth abortion services to patients out-of-state. The law will also allow the services to be provided without fear of litigation in states where telehealth abortion is prohibited.

The new legislation expands the law passed in 2022 that protected New York healthcare providers offering abortion services to out-of-state residents when the resident was present in the state in person.

"We are witnessing a shameful regression of women's rights in this country as abortion access is restricted in states across the nation,” said Hochul in a press release. “In New York, we remain committed to ensuring abortion remains safe, accessible, and legal. This legislation will help more women access medication abortion and reproductive care by ensuring our health care providers can deliver telehealth services to out-of-state patients without fear of legal or professional repercussions. With this bill, New York is continuing to fight back against restrictive abortion laws and help more people access the care they need."

Other NY state representatives applauded the new piece of legislation.

“This legislation will protect health care providers as they practice medicine and take care of their patients’ health needs. That protection is a fundamental part of being someone’s doctor. I thank Governor Hochul for her leadership on this issue, and for doing what she can to help keep abortion safe, accessible, and legal in New York State,” said New York State Department of Health Commissioner James McDonald, MD, in the press release.

Further, Hochul noted plans to continue support for abortion services in 2024. As part of the fiscal year budget for next year, there will be an increase in Medicaid reimbursement rates to increase abortion access. It will also include data protection, requirements for private insurers to cover off-label medication abortion, and an allocation of $100.7 million in funding to support abortion and reproductive healthcare.

Many similar efforts across various states have been driven by the goal of supporting virtual abortion services.

In July 2022, a group of Texas Democrats wrote to the White House with a set of potential strategies for supporting medication-based abortions, including those provided through telehealth.

The letter was sent following the overturning of Roe v. Wade, which led to the elimination of abortion access in many states. With Texas being a region where abortion access is severely limited, many residents have to travel out of state to receive care.

The letter stated that the Biden Administration could take several steps to support those needing reproductive healthcare. These include declaring a public health emergency, creating a federal program through which providers who are federal employees or contractors can dispense abortion medication, and protecting third-party abortion medication providers from civil and criminal actions.