Bill > A3514

Introduced Session

This bill implements various measures to strengthen access to reproductive health care in the State. Health Insurance. The bill provides that any State program that provides benefits for pregnancy-related care will also provide benefits for the termination of pregnancy, and that health insurance coverage will also include coverage for termination of pregnancy without a deductible, coinsurance, copayment, or any other cost-sharing requirement. Under the bill, upon request of a religious employer, a health insurer will grant an exclusion if the coverage conflicts with the religious employer's bona fide religious beliefs and practices. Other States' Civil Actions. The bill declares that a law of another state that authorizes a person to bring a civil action against a person or entity for undertaking any of the following conduct is contrary to the public policy of this State: (1) receiving or seeking an abortion; (2) performing or inducing an abortion; (3) knowingly engaging in conduct that aids or abets the performance, receipt, or inducement of an abortion; or (4) attempting or intending to engage in the conduct described above. This provision of the bill will not apply to an action founded in tort, contract, or statute under the laws of this State, or an action founded in tort, contract, or statute under the laws of another state and for which a similar claim would exist under the laws of this State, including, but not limited to, an alleged act of malpractice or negligence by a person related to the person's profession or occupation. Crime: Interference with Reproductive Health Services. The bill creates the new crime of "interference with reproductive health services." Among other provisions, a person is guilty of the crime if the person purposely or knowingly, with purpose to unlawfully restrict another's access to or receipt or provision of reproductive health services or to intimidate the person from becoming or remaining a reproductive health services patient, provider, volunteer, or assistant: (1) inflicts or attempts to inflict bodily injury; (2) obstructs any person seeking to enter into or exit from a reproductive health services facility or place of religious worship; (3) intimidates, threatens or coerces, or attempts to intimidate, threaten, or coerce, any person or entity because that person or entity is a reproductive health services patient, provider, volunteer, or assistant; (4) damages, defaces, or destroys the property of a person, entity, or facility, or attempts to do so, because the person, entity, or facility is a reproductive health services patient, provider, assistant, volunteer, or facility; (5) videotapes, films, photographs, or records by electronic means, within 100 feet of the entrance to a reproductive health services facility, a patient, provider, volunteer, or assistant without that person's consent, with purpose to intimidate the person from becoming or remaining a reproductive health services patient, provider, volunteer, or assistant; or (6) discloses or distributes a videotape, film, photograph, or recording of the person with purpose to intimidate the person from becoming or remaining a reproductive health services patient, provider, volunteer, or assistant. Interference with reproductive health services is a crime of the fourth degree, but is a crime of the second degree if the victim suffers significant bodily injury or serious bodily injury. A crime of the fourth degree is punishable by a term of imprisonment of up to 18 months, a fine of up to $10,000, or both; a crime of the second degree, by a term of five to 10 years, a fine of up to $150,000, or both. Dispersal of Gatherings. The bill authorizes the Attorney General or any law enforcement officer to order the immediate dispersal of a gathering that substantially impedes access to or departure from an entrance or driveway to a reproductive health care facility during the business hours of the facility. Failure to comply with a dispersal order is a disorderly persons offense. A disorderly persons offense is punishable by a term of imprisonment of up to six months, a fine of up to $1,000, or both. Civil Action: Interference with Reproductive Health Services. The bill also authorizes a person to bring a civil action against a person who unlawfully interferes with another person's reproductive health services. The court may award injunctive relief; compensatory damages in an amount not less than liquidated damages computed at the rate of $1,000 for each violation; punitive damages upon proof of willful or reckless disregard of the law; reasonable attorney's fees and other litigation costs; and other preliminary and equitable relief as the court determines to be appropriate. Under the bill, the Attorney General may bring a civil action to enjoin a violation of the law, for compensatory damages, and for the assessment of a civil penalty against each person who violates the law. The civil penalty imposed will be up to, but not exceeding, $10,000 for a first violation, and $25,000 for any subsequent violation. Reproductive Health Access Fund. The bill creates the "Reproductive Health Access Fund," which will be credited with moneys from an appropriation of $20 million made pursuant to the bill, interest, and any money from any other source. The fund will be used for the following purposes, established pursuant to the bill: (1) $5 million will be appropriated for the "Abortion Care Clinical Training Program"; (2) $5 million for the "Reproductive Health Security Grant Program"; and (3) $10 million for the "Reproductive Health Care Facility Grant Program". The "Abortion Care Clinical Training Program" will provide grants to develop and sustain abortion care training programs; continuing education programs for physicians through professional associations or other clinical education programs; and establish training program requirements that are consistent with evidence-based training standards, comply with applicable State law and regulations, and focus on providing culturally congruent care and include implicit bias training. The "Reproductive Health Security Grant Program" in the Office of Homeland Security and Preparedness will provide 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, and harassment. Grants provided under the program will be used to hire security personnel and target-hardening equipment. The "Reproductive Health Facility Grant Program" 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 abortion care. Needs Assessment. The bill requires the Department of Health to conduct a Statewide needs assessment to examine the gaps in delivery of reproductive health services in the State, including the impact that out-of-State restrictions have had on the need for reproductive health services and the provider network in the State. Medicaid Coverage. Under the bill, the Department of Human Services will ensure that expenses incurred for abortion services will be provided with no cost-sharing to persons served under the Medicaid program. Medical Malpractice Insurers. The bill bars medical malpractice insurers from taking any adverse action, including loss of coverage, sanctions, fines, penalties, or rate increases, against an insured for providing or facilitating an abortion or reproductive health care service based solely on the fact that the patient receiving the service is a resident of a state where providing or facilitating an abortion or reproductive health care service is illegal. Licensing Boards. Finally, the bill provides that a licensing board cannot refuse to admit a person to an examination and cannot suspend, revoke, or refuse to renew any certificate, registration, or license based solely on grounds that the applicant or the holder of the certificate, registration, or license provided, authorized, participated in, referred for, or assisted with any health care, medical service, or procedure related to an abortion for a person who resides in a jurisdiction where these acts are illegal, if the acts would not be a basis for these sanctions in this State. Repealers. The bill repeals the following statutes, which have either been obviated by court decisions or would be obviated by this bill: -- N.J.S.A.2A:65A-5 through N.J.S.A.2A:65A-7 (banned partial birth abortions); -- N.J.S.A.9:17A-1.1 through N.J.S.A.9:17A-1.12 (required parental notification for minors' abortions); -- N.J.S.A.26:2S-39, N.J.S.A.52:14-17.29hh, and N.J.S.A.52:14-17.46.6q (exempted religious employers from possible requirement that health insurance issued in the State include abortion coverage); and -- N.J.S.A.30:4D-6.1 (barred Medicaid payment for abortion except where necessary to save the woman's life).

AI Summary

Committee Categories

Tennille McCoy (D)*, 

Introduced, Referred to Assembly Community Development and Women's Affairs Committee (on 02/05/2024)

Official Document