Creates "Reproductive Health Care Access Fund" to strengthen access to reproductive health care; makes appropriation.

A2219

ASSEMBLY, No. 2219

STATE OF NEW JERSEY

222nd LEGISLATURE

�

PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION

Sponsored by:

Assemblywoman SHANIQUE SPEIGHT

District 29 (Essex and Hudson)

Assemblywoman VERLINA REYNOLDS-JACKSON

District 15 (Hunterdon and Mercer)

Assemblywoman LUANNE M. PETERPAUL

District 11 (Monmouth)

Co-Sponsored by:

Assemblywomen Drulis, Park, Haider and Morales

SYNOPSIS

���� Creates "Reproductive Health Care Access
Fund" to strengthen access to reproductive health care; makes
appropriation.

CURRENT VERSION OF TEXT

���� Introduced Pending Technical Review by Legislative
Counsel.

��

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.

����
d. �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).� The office also shall pursue and
develop, in conjunction with the Department of Law and Public Safety, the
United States Department of Homeland Security, and any other applicable State
or federal agency, any available federal, State, local, and private funding for
the grants authorized pursuant to this section.

���� 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. �