Bill Text: NJ S3492 | 2024-2025 | Regular Session | Introduced
Bill Title: Creates "Reproductive Health Care Access Fund" to strengthen access to reproductive health care; makes appropriation.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced) 2024-06-24 - Introduced in the Senate, Referred to Senate Health, Human Services and Senior Citizens Committee [S3492 Detail]
Download: New_Jersey-2024-S3492-Introduced.html
Sponsored by:
Senator M. TERESA RUIZ
District 29 (Essex and Hudson)
SYNOPSIS
Creates "Reproductive Health Care Access Fund" to strengthen access to reproductive health care; makes appropriation.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning reproductive rights, supplementing Titles 10, 26, and 45 of the Revised Statutes, and making an appropriation.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. The Legislature finds and declares that:
a. New Jersey can increase access to abortion by ensuring the sustainability of abortion providers.
b. The State's efforts to reduce maternal mortality and improve maternal health, calls for services, and health systems supporting the full range of people's reproductive needs. Yet, there remain gaps in the availability of abortion providers.
c. A November 2023 report, "Abortion Needs and Availability in New Jersey," by the Rutgers University, School of Public Health identified 41 brick-and-mortar abortion providers in the State. The report further points out, a "concerning" gap in abortion availability in the southern counties of New Jersey. According to the report, of the 21 counties in New Jersey, five southern counties have no identifiable abortion providers.
d. Reproductive health clinics are being increasingly targeted by anti-abortion extremists; State grants are crucial to help ensure patients and providers can safely access clinics.
e. Cyber attacks are becoming increasingly common throughout all of health care, and reproductive health care specifically. Between 2010 and 2019 there were 128,000 cyber threats made to reproductive health care providers, and these attacks are only getting more sophisticated.
2. For the purpose of this section:
"Abortion" means any medical treatment intended to induce the termination of a pregnancy and services rendered to facilitate the termination which may include follow up care, except for the purpose of producing a live birth. "Abortion" includes, but is not limited to, "aspiration abortion" and "medication abortion," as defined in this section.
"Aspiration abortion" means a procedure that terminates a pregnancy utilizing manual or electric suction to empty the uterus.
"Health care professional" means a physician and other health care professionals licensed pursuant to Title 45 of the Revised Statutes, and a hospital and other health care facilities licensed pursuant to Title 26 of the Revised Statutes.
"Health care facility" means a health care facility as defined in section 2 of P.L.1971, c.136 (C.26:2H-2.
"Reproductive health care facility" means a licensed health care facility that provides, refers, or seeks to provide reproductive health care services.
"Reproductive health care services" includes all medical, surgical, counseling, or referral services relating to the human reproductive system, including, but not limited to, services relating to pregnancy, contraception, managing infertility, or the termination of a pregnancy.
3. a. There is established in the General Fund a separate, non-lapsing fund to be known as the "Reproductive Health Care Access Fund." The fund shall be credited with moneys made available from the fund established pursuant to section 8 of P.L. , c. (C. ) (pending before the Legislature as this bill), interest earnings, and any other money from any other source accepted for the benefit of the fund.
b. The fund shall be used for the following purposes:
(1) moneys shall be appropriated for the "Reproductive Health Care Clinical Training Program" established pursuant to section 4 of P.L. , c. (C. ) (pending before the Legislature as this bill);
(2) moneys shall be appropriated for the "Reproductive Health Care Security Grant Program" established pursuant to section 5 of P.L. , c. (C. ) (pending before the Legislature as this bill); and
(3) moneys shall be appropriated for the "Reproductive Health Care Facility Loan Program" established pursuant to section 6 of P.L. , c. (C. ) (pending before the Legislature as this bill).
c. Notwithstanding the provisions of subsection b. of this section to the contrary, the State Treasurer, in the State Treasurer's discretion, may transfer any portion of the amounts appropriated to the fund among the Division of Consumer Affairs in the Department of Law and Public Safety, the Office of Homeland Security and Preparedness, and the Health Care Facilities Financing Authority for the purposes set forth in paragraphs (1), (2), and (3) of subsection b. of this section.
4. a. There is established in the Division of Consumer Affairs in the Department of Law and Public Safety the "Reproductive Health Care Clinical Training Program." The purpose of the program shall be to protect access to reproductive health care by ensuring that there are a sufficient number of health care professionals to provide reproductive health care services. The division shall contract with a coordinating organization to administer the program. The coordinating organization shall:
(1) have demonstrated experience in coordinating health care training programs for reproductive health care services and family planning services at licensed health care facilities or licensed health care professional offices.
(2) be in good standing in any State or jurisdiction in which the organization is registered or incorporated;
(3) submit an annual report to the division on the performance of the program; and
(4) meet any other requirements established by the division.
b. The coordinating organization shall perform the following functions:
(1) administer grants to develop and sustain reproductive health care services training programs at a minimum of two licensed health care facilities;
(2) identify and select eligible grant recipients, which may include:
(a) licensed health care facilities;
(b) health care professionals;
(c) education programs for health care professionals and students training to be health care professionals; and
(d) programs that provide training or education focused on operational needs related to the provision of reproductive health care services;
(3) establish training program requirements that are consistent with evidence-based training standards, comply with applicable State law and regulations, and focus on providing unbiased, culturally congruent care;
(4) support reproductive health care services clinical training to health care professionals and to the teams of the health care professionals to:
(a) expand the number of health care professionals with reproductive health care services training;
(b) increase the racial and ethnic diversity among health care professionals with reproductive health care services training; and
(5) support the identification, screening, and placement of students and health care professionals at training sites.
c. The program shall be funded by the "Reproductive Health Care Access Fund" established pursuant to section 3 of P.L. , c. (C. ) (pending before the Legislature as this bill).
5. a. There is established the "Reproductive Health Care Security Grant Program" in the Office of Homeland Security and Preparedness, which shall provide grants to eligible reproductive health care facilities that provide reproductive health care services and which the Director of the Office of Homeland Security and Preparedness determines are at a high risk of being the target of unlawful activity, including but not limited to, acts of violence, property damage, vandalism, harassment, and cyber attacks. Grants provided under the program shall be used by the grant recipient:
(1) to hire permanent or temporary security personnel, including but not limited to, federal law enforcement officers; State, county, or municipal law enforcement officers as defined in section 1 of P.L.1977, c.437 (C.40A:14-152.2); special law enforcement officers appointed pursuant to P.L.1985, c.439 (C.40A:14-146.8 et seq.); or security officers registered pursuant to P.L.2004, c.134 (C.45:19A-1 et seq.); or any privately contracted security personnel; and
(2) for acquisition of target-hardening equipment for the purpose of preparedness against threats, attacks, and other violent acts, including but not limited to, cyber or physical.
b. The director shall administer the Reproductive Health Care Security Grant Program. Subject to availability of funds, there shall annually be distributed to approved eligible health care facilities grants for hiring security personnel and grants for acquisition of target-hardening equipment. The director may adjust the grant amounts based upon the final availability of funds, analytical trends, and emerging threats.
c. An eligible health care facility shall apply to the office to receive a grant under the program, for either costs of security personnel or acquisition of target-hardening equipment, or both. The office first shall evaluate all applications as to whether the facilities are at high risk of terrorist attacks, threats, domestic extremism, cyber attacks, and other violent acts. The funds distributed under the program shall be utilized solely for security investments made within this State. Funds shall not be utilized to support security needs while traveling outside of this State.
Applicants may apply annually for a disbursement of funds for costs of security personnel and may be awarded grants in successive years. The office shall assign a preference for applicants who have not received a federal security grant that includes funding for hiring security personnel in the previous two federal grant cycles.
Applicants may apply annually for grant funds for acquisition of target-hardening equipment. The office shall assign a preference for applicants who have not received either a federal or State security grant for target-hardening equipment in the previous two grant cycles.
e. Of the amount appropriated to the program, five percent shall be allocated to the office to be used to administer the program.
6. a. There is established the "Reproductive Health Care Facility Loan Program" which shall award loans to eligible reproductive health care facilities that provide reproductive health care services. The Commissioner of Health may award loans to a licensed health care facility or other health care facility where licensed health care professionals deliver reproductive health care services if the commissioner determines that the loan is necessary to maintain access to reproductive health care services or referral sources, as appropriate. Loans awarded pursuant to this section shall be used to support establishing or renovating existing health care facilities, investments in technology to facilitate care, the recruitment and retention of staff, and other operational needs that increase reproductive health care services. In determining whether to award a loan to a licensed health care facility, the Commissioner of Health may consider certain factors, including, but not limited to:
(1) extraordinary circumstances threaten access to reproductive health care services in a community;
(2) persons in a community will be without ready access to reproductive health care services in the absence of the award of a loan;
(3) funding is unavailable from other sources to preserve or provide reproductive health care services;
(4) a loan is likely to stabilize access to the reproductive health care services; or
(5) there is a reasonable likelihood that the reproductive health care services will be sustainable upon the termination of the loan.
b. A licensed health care facility or other health care facility where licensed health care professionals deliver reproductive health care services may apply for the loan made available pursuant to this section by applying to the commissioner in a form and manner determined by the commissioner. Applications shall include, at a minimum, the prior two years of financial statements and utilization statistics, along with a two-year projection of utilization.
c. Notwithstanding the provisions of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), to the contrary, the Commissioner of Health may adopt, immediately upon filing with the Office of Administrative Law, regulations that the Commissioner of Health deems necessary to effectuate the purposes of this section, which regulations shall be effective for a period not to exceed 18 months from the date of the filing. The commissioner may thereafter amend, adopt, or readopt the regulations in accordance with the requirements of P.L.1968, c.410 (C.52:14B-1 et seq.).
d. Subject to the availability of funds, the program shall be funded by the "Reproductive Health Care Access Fund" established pursuant to section 3 of P.L. , c. (C. ) (pending before the Legislature as this bill).
e. Of the amount appropriated to the program, five percent shall be allocated to the Department of Health to be used to administer the program.
7. The Department of Health shall conduct a Statewide needs assessment to examine the gaps in access and delivery of reproductive health care services in the State, including the impact that out-of-state restrictions have had on the need for reproductive health care services and the provider network in the State. The department may choose to examine specific populations as pertains to this work, including State public institutions of higher education, and may contract with any consultant or one or more public or private entities to conduct the needs assessment required by this section.
8. There is appropriated from the General Fund to the Reproductive Health Care Access Fund such moneys as are available and appropriate, subject to the approval of the Director of Budget and Accounting, to carry out the purposes and objectives of section 3 of P.L. , c. (C. ) (pending before the Legislature as this bill).
9. This act shall take effect immediately.
STATEMENT
This bill implements various measures to strengthen access to reproductive health care services in the State and establishes the "Reproductive Health Care Access Fund" to address those purposes.
The fund will be used for the following purposes:
(1 "Reproductive Health Care Clinical Training Program"; (2) "Reproductive Health Care Security Grant Program"; and (3) "Reproductive Health Care Facility Loan Program".
The purpose of the "Reproductive Health Care Clinical Training Program" established in the Division of Consumer Affairs in the Department of Law and Public Safety will be to protect access to reproductive health care by ensuring that there are sufficient number of health care professionals to provide reproductive health care services. For instance, the program will ensure that the coordinating organization has demonstrated experience in coordinating health care training programs for reproductive health care services and family planning services. The coordinating organization will also be responsible for administering grants to develop and sustain reproductive health care services.
The bill provides that the "Reproductive Health Care Security Grant Program" in the Office of Homeland Security and Preparedness will make available grants to eligible reproductive health care facilities which the Director of the Office of Homeland Security and Preparedness determines are at a high risk of being the target of unlawful activity, including acts of violence, property damage, vandalism, cyber attacks, and harassment. Grants provided under the program will be used to hire security personnel and target-hardening equipment.
Further, the "Reproductive Health Care Facility Loan Program" will award loans to eligible reproductive health care facilities that provide reproductive health care services. Under the bill, loans awarded will be used to support establishing or renovating existing health care facilities, investments in technology to facilitate care, the recruitment and retention of staff, and other operational needs that increase reproductive health care services.
The bill requires that the Department of Health conduct a Statewide needs assessment to examine the gaps in access and delivery of reproductive health care services in the State, including the impact that out-of-State restrictions have had on the need for reproductive health care services and the provider network in the State.
Finally, the bill appropriates monies from the General Fund, subject to availability, to the "Reproductive Health Care Access Fund."
The FY 2024 Appropriations Act includes a $5 million appropriation for OBGYN Clinical Training Program to provide training to licensed members of the health care community. Another $5 million in FY 2024 is appropriated for the Reproductive Health Security Grant Program toward securing clinics. These grants support reproductive health care facilities that provide reproductive health care with target hardening support. The FY 2024 Governor's Budget recommends language in which the Office of Homeland Security Preparedness will receive reimbursement to administer the grant.
