Bill Text: NJ A4363 | 2022-2023 | Regular Session | Introduced
Bill Title: Strengthens access to New Jersey reproductive health services for in-State and out-of-State persons.
Spectrum: Partisan Bill (Democrat 6-0)
Status: (Introduced - Dead) 2022-06-20 - Introduced, Referred to Assembly Judiciary Committee [A4363 Detail]
Download: New_Jersey-2022-A4363-Introduced.html
Sponsored by:
Assemblywoman SHANIQUE SPEIGHT
District 29 (Essex)
SYNOPSIS
Strengthens access to New Jersey reproductive health services for in-State and out-of-State persons.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning reproductive health care services and supplementing Title 2A of the New Jersey Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. As used in this act:
"Abortion" means any medical treatment intended to induce the termination of a pregnancy, except for the purpose of producing a live birth.
"Assisted reproductive technology" means procedures that use donor or nondonor eggs and sperm to create embryos outside the body including, but not limited to, in-vitro fertilization.
"In-vitro fertilization" ("IVF") means the fertilization of a human egg and sperm outside the body.
"Person" includes an individual, partnership, association, limited liability company, or corporation.
"Reproductive health care services" includes all medical, surgical, counseling, and referral services relating to the human reproductive system including, but not limited to, services relating to pregnancy; assisted reproductive technology, including but not limited to IVF; contraception; and abortion.
2. a. Except as otherwise provided by law, in any civil action or proceeding preliminary thereto or in any legislative or administrative proceeding, a covered entity, as set forth in the medical privacy and security rules pursuant to Parts 160 and 164 of Title 45 of the Code of Federal Regulations, established pursuant to the "Health Insurance Portability and Accountability Act of 1996," Pub.L.104-191, shall not disclose:
(1) any communication made to the covered entity, or any information obtained by the covered entity from a patient or the conservator, guardian, or other authorized legal representative of a patient relating to reproductive health care services that are permitted under the laws of this State; or
(2) any information obtained by personal examination of a patient relating to reproductive health care services that are permitted under the laws of this State, unless the patient or that patient's conservator, guardian, or other authorized legal representative explicitly consents in writing to the disclosure. A covered entity shall inform the patient or the patient's conservator, guardian, or other authorized legal representative of the patient's right to withhold written consent.
b. Written consent of the patient or the patient's conservator, guardian, or other authorized legal representative shall not be required for the disclosure of any communication or information:
(1) pursuant to the laws of this State or the Rules of Court;
(2) by a covered entity against whom a claim has been made, or there is a reasonable belief will be made, in an action or proceeding, to the covered entity's attorney or professional liability insurer or insurer's agent for use in the defense of the action or proceeding;
(3) to the Department of Health for records of a patient of a covered entity in connection with an investigation of a complaint, if the records are related to the complaint; or
(4) if child abuse, abuse of an elderly individual, abuse of an individual who is incapacitated, or abuse of an individual with a physical or mental disability is known or in good faith suspected.
c. Nothing in this section shall be construed to impede the lawful
sharing of medical records as permitted by State or federal law or the
Rules of Court, except in the case of a subpoena commanding the production, copying, or inspection of medical records relating to reproductive health care services.
3. a. Notwithstanding the provisions of any other law, a court shall not issue a subpoena requested by any court of the United States or of any other state or government if the subpoena relates to reproductive health care services, as defined in section 1 of this act, that are permitted under the laws of this State, unless the subpoena relates to:
(1) an out-of-State action founded in tort, contract, or statute, for which a similar claim would exist under the laws of this State, brought by a patient or the patient's authorized legal representative, for damages suffered by the patient or damages derived from an individual's loss of consortium of the patient; or
(2) an out-of-State action founded in contract, and for which a similar claim would exist under the laws of this State, brought or sought to be enforced by a party with a contractual relationship with the person that is the subject of the subpoena requested by another state.
b. A court shall not issue a summons in a case where prosecution is pending, or where a grand jury investigation has commenced or is about to commence, for a criminal violation of a law of another state involving providing, receiving, or assisting with reproductive health care services that are legal in this State, unless the acts forming the basis of the prosecution or investigation also would constitute an offense in this State.
4. A public entity of this State or employee, appointee, officer, official, or any other person acting on behalf of a public entity shall not provide any information or expend or use time, money, facilities, property, equipment, personnel, or other resources in furtherance of any interstate investigation or proceeding seeking to impose civil or criminal liability upon a person or entity for:
a. providing, seeking, receiving, or inquiring about reproductive health care services that are legal in this State; or
b. assisting any person or entity providing, seeking, receiving, or responding to an inquiry about reproductive health care services that are legal in this State.
This section shall not apply to any investigation or proceeding where the conduct subject to potential liability under the investigation or proceeding would be subject to liability under the laws of this State if committed in this State.
5. This act shall take effect immediately.
STATEMENT
This bill strengthens access to reproductive health care for New Jersey residents and residents of other states who to travel to New Jersey to obtain reproductive health care in the State. The bill is intended to make New Jersey a "sanctuary state" for persons seeking reproductive health care services including, but not limited to, abortion.
DEFINITIONS
The bill defines "abortion" as any medical treatment intended to induce the termination of a pregnancy, except for the purpose of producing a live birth. "Assisted reproductive technology" is defined as procedures that use donor or nondonor eggs and sperm to create embryos outside the body including, but not limited to, in-vitro fertilization. "In-vitro fertilization" ("IVF") is defined as the fertilization of a human egg and sperm outside the human body.
CONFIDENTIAL HEALTH COMMUNICATIONS
The bill provides that a communication to a health care provider, information obtained by the health care provider by a patient or the patient's legal representative, or information obtained from an examination of a patient relating to reproductive health care services is not to be disclosed unless the patient or the patient's authorized legal representative explicitly consents to the disclosure in writing. A provider would be required to inform the patient or the patient's representative of the patient's right to withhold written consent.
Written consent would not be required for the disclosure if it is: pursuant to State law or the Rules of Court; by a health care provider to the provider's attorney or liability insurer for use in defense of an action or proceeding; to the Department of Health in connection with an investigation of child abuse, or abuse of a person who is elderly, incapacitated, or has a physical or mental disability. The bill also specifies that it is not to be construed to impede the lawful sharing of medical records as permitted by State or federal law or the Rules of Court, except in the case of a subpoena commanding the production, copying, or inspection of medical records relating to reproductive health care services.
CERTAIN SUBPOENAS BARRED
The bill bars a court from issuing a subpoena requested by any court of the United States or of any other state or government if the subpoena relates to reproductive health care services that are permitted under the laws of this State, unless the subpoena relates to an out-of-State action founded in tort, contract, or statute, for which a similar claim would exist under the laws of this State, brought by a patient or the patient's authorized legal representative, for damages suffered by the patient or damages derived from an individual's loss of consortium of the patient; or an out-of-State action founded in contract, and for which a similar claim would exist under the laws of this State, brought or sought to be enforced by a party with a contractual relationship with the person that is the subject of the subpoena.
The bill also bars a court from issuing a summons in a case where prosecution is pending, or where a grand jury investigation has commenced or is about to commence, for a criminal violation of a law of another state involving providing, receiving, or assisting with reproductive health care services unless the acts forming the basis of the prosecution or investigation also would constitute an offense in this State.
NON-COOPERATION BY PUBLIC ENTITY
Under the bill, a public entity of this State or employee, appointee, officer, official, or any other person acting on behalf of a public entity may not provide any information or expend or use time, money, facilities, property, equipment, personnel, or other resources in furtherance of any interstate investigation or proceeding seeking to impose civil or criminal liability upon a person or entity for providing, seeking, receiving, or inquiring about, reproductive health care services that are legal in this State, or assisting any person or entity providing, seeking, receiving, or responding to an inquiry about reproductive health care services.
The provisions of the bill would not apply to any investigation or proceeding where the conduct subject to potential liability also would be subject to liability under the laws of this State if committed in this State.
SPONSOR'S INTENT
It is the intent of the sponsor that New Jersey be a sanctuary state for persons who seek abortions if the United States Supreme Court overturns Roe v. Wade, 410 U.S. 133 (1973). The sponsor also intends for New Jersey to be a sanctuary state for persons seeking assisted reproductive technology such as IVF, where eggs and sperm are fertilized outside the body. This process can create embryos that do not result in viable pregnancies. The sponsor is concerned that the anti-abortion states defining life as beginning "at conception" may ban or restrict technologies such as IVF. These procedures are used by women who wish to become pregnant but are unable to conceive because of medical reasons, such as endometriosis and other disorders that limit fertility.
The sponsor wishes to note that prior to the Roe v. Wade decision, the estimated number of illegal abortions in the 1950s and 1960s ranged from 200,000 to 1.2 million per year, and that a large number of these abortions were self-induced. Because abortion was illegal before Roe, many abortions were not reported and precise statistics are not available.
However, in 1930, abortion was listed as the official cause of death for almost 2,700 women, representing nearly one-fifth of the maternal deaths recorded in that year. The death toll declined over the next several decades, most likely due to the introduction of antibiotics in the 1940s. By 1965, the official number of deaths due to illegal abortion had fallen to just under 200; the actual number was likely much higher.
Prior to Roe v. Wade, there were clear racial disparities in the deaths of women due to illegal abortion. In the early 1960s, for example, one in four childbirth-related deaths among white women in New York City was due to abortion. By comparison, abortion accounted for one in two childbirth-related deaths among nonwhite women in the city.
