New York State’s Reproductive Health Act, signed into law in late January by Gov. Andrew Cuomo, has been the source of much disagreement between supporters and opponents of the law, and has caught the attention of President Donald Trump, who criticized it during his State of the Union address.
Michael Long, chairman of the Conservative Party of New York State, criticized the new law during an interview with radio host John Catsimatidis, saying it had gone "too far."
"They’ve removed all the criminal penalties from it," Long said. "A woman could give birth to a baby, and then, they have a discussion with the doctor, if the baby was born alive, they would just let the baby expire. It’s a very sad commentary."
We looked into Long’s claim that "if the baby was born alive, they would just let the baby expire."
What was repealedIn an interview, Long said he was sure the law didn’t spell out that babies would be left to die. But he said because the law allows abortions later in pregnancy, he questions what will happen to babies who are born alive.
Long referred us to Kathleen Gallagher, director of pro-life activities at the New York State Catholic Conference, for specifics.
Gallagher said the new law repeals part of the state’s Public Health Law. The repealed part states than in abortions after 20 weeks, a second doctor must be present to "take control of and provide immediate medical care for any live birth that is the result of the abortion." The repealed part also states: "Such child should be afforded immediate legal protection under the laws of the state of New York, including but not limited to applicable provisions of the social services law, article five of the civil rights law and the penal law."
A representative of National Right to Life, an organization that lobbies against abortion, also took note of the repealed sections of the Public Health Law. Jennifer Popik, director of federal legislation for the organization, wrote in an email that because New York’s law allows licensed medical professionals other than doctors to perform abortions, it’s possible that a person qualified to care for a baby would not be present if a baby was born alive.
Popik also referred us to data from the Centers for Disease Control from 2003-14. This data from selected states showed that there were 143 babies born alive after "induced terminations." That number could be underestimated, according to the CDC. The data does not reflect the full circumstances of their deaths, but researchers noted that in 97 of those cases, there were maternal health complications or one or more congenital anomalies.
‘All necessary medical care’We asked one of the new law’s sponsors, State Sen. Liz Krueger, if babies born alive during an abortion procedure would be left to "expire," as Long said.
Krueger’s spokesman, Justin Flagg, wrote in an email that "the RHA does not change standards of medical practice. Any baby born alive in New York State would be treated like any other live birth, and given appropriate medical care. This was the case before the RHA, and it remains the case now."
"A provider that inappropriately abandons or neglects a patient would violate professional misconduct laws and be subject to significant sanctions which include losing his/her medical license, fines, as well as potential civil and criminal liability," said Hazel Crampton-Hays, a spokeswoman for Cuomo. "The Reproductive Health Act does nothing to change that."