Governor Hochul Announces Major Actions to Strengthen Abortion Protections and Access as Part of FY 2024 Budget

Governor Kathy Hochul today announced major actions as part of the FY 2024 Budget to protect abortion access and solidify New York's status as a safe harbor for all who seek abortion care. The Budget increases Medicaid reimbursement rates to boost New York abortion access, enacts additional data protections for patients seeking reproductive health care, requires private insurers to cover medication abortion when prescribed off-label for abortion, and allocates $100.7 million in new funding to support abortion providers and reproductive health care.

"As anti-choice extremists and judges continue to roll back abortion rights across the country, we are fighting back here in New York," Governor Hochul said. "These initiatives and funding will boost abortion access across the state, protect women seeking reproductive health care and expand access to abortion medication. Under my watch, I will continue to ensure that New York remains a safe harbor for those in need of abortion care."

To ensure New York continues to have some of the strongest protections for abortion access and preserve these critical services, the FY 2024 Budget increases Medicaid reimbursement rates for reproductive health providers.

To safeguard personal data, the budget enacts protections that would prevent companies headquartered or incorporated in New York State from sharing information out-of-state law enforcement who conduct investigations into abortion procedures that are legal in New York State. Corporations and associations are also prevented from delivering by electronic means any digital advertisement to a user through the use of geofencing at any health care facility.

To expand access to medication abortion, the Budget includes a measure that requires private insurers to cover recognized medication abortion methods, regardless of FDA approval and when prescribed off-label for abortion. The measure also ensures that no provider is charged increased medical malpractice coverage rates or loses coverage due to prescribing medications off-label or not approved by the FDA.

The FY 2024 Budget also includes $100.7 million in new funding for abortion providers and reproductive health:

• $25 million in recurring support for additional Support Abortion Access Services
• $10 million in Security Grants for Reproductive Health Centers (one-time)
• $65.8 million in additional Medicaid reimbursement ($14.1 million state share):
  • $14.9 million to increase surgical abortion reimbursement.
  • $35.2 million to increase family planning reimbursement.
  • $15.6 million for Pharmacist Prescribed Contraceptives.

Since the United States Supreme Court issued the Dobbs decision last year, stripping away reproductive rights from millions, Governor Hochul has led the fight to ensure accessibility for all who seek abortion care. In addition to creating a nation-leading $35 million fund to support abortion care, Governor Hochul worked with the Legislature to pass six new nation-leading laws to protect and support providers and patients.

Earlier this week, Governor Hochul signed a legislative package to expand access to over-the-counter hormonal contraception and ensure that every CUNY and SUNY student has access to medication abortions on campus. Last month, Governor Hochul announced that the State will stockpile the abortion medication Misoprostol as part of ongoing efforts to protect access to abortion. At the Governor's direction, the New York State Department of Health began purchasing Misoprostol in order to stockpile 150,000 doses, a five-year supply, in order to meet anticipated needs. Governor Hochul also announced that if the abortion medication Mifepristone is taken off the market, the State will commit up to an additional $20 million to providers to support access to other methods of care.