SAFE INTERNET SEARCHES AND PHONE CALLS

  1. If I’m researching abortion on-line, are there methods to maintain my searches non-public?

Before you learn these FAQs, you would possibly wish to educate your self on learn how to preserve your information extra non-public.

Good sources for understanding steps you possibly can take to guard your on-line privateness and safety can be found on the Digital Defense Fund Guide to Abortion Privacy and the Electronic Frontier Foundation Security and Privacy Tips for People Seeking an Abortion. The Repro Legal Helpline additionally supplies information on digital safety for abortion-seekers.

In addition, particular apps, akin to menstrual cycle trackers, could retailer info that pertains to your reproductive well being care. You could wish to contemplate deleting such apps, or fastidiously analyzing their privateness insurance policies. The suppliers of apps and software program could also be situated in and topic to the legal guidelines of states aside from New Jersey, and different states could have much less protecting legal guidelines relating to your privateness rights.

The most secure course is to keep away from speaking on-line, by messaging apps, or by textual content message about something you wish to preserve non-public.

  1. Are there methods to maintain my cellphone calls non-public?

Phone calls may be made safer by utilizing “burner” telephones, calling from telephones that aren’t tied to your id, utilizing *67 to dam your caller ID, or utilizing providers like Google Voice or different apps that let nameless cellphone calls.

BASIC RIGHTS

  1. Is abortion nonetheless authorized in New Jersey?

Yes, abortion remains to be authorized in New Jersey. Abortion is an unbiased and basic proper protected by each the New Jersey Constitution and state laws. The United States Supreme Court’s determination in Dobbs v. Jackson Women’s Health Organization does not diminish the precise to an abortion in New Jersey.

  1. Does New Jersey have abortion restrictions (ready interval, gestational restrict, parental involvement, and so forth.)?

New Jersey locations only a few authorized restrictions on abortion. There are not any ready interval or parental involvement legal guidelines. Providers provide care primarily based on every affected person’s particular circumstances, and if they’re unable to supply care, they’ll normally refer the affected person for different help.

  1. I’m beneath 18 years previous. Can I get an abortion in New Jersey? Do I’ve to inform my mother and father or get parental consent for an abortion in New Jersey?

Yes, abortion is authorized in New Jersey together with for minors from out of state.

No, New Jersey regulation doesn’t require you to inform your mother and father or get parental consent earlier than having an abortion.

However, relying on the regulation of your private home state, there could also be dangers to you or anybody who assists you in touring throughout state traces, particularly for those who would not have permission from a mum or dad to journey.

If you reside in a state that has an abortion ban, it is best to speak to a lawyer concerning the potential penalties of touring out of state to hunt a authorized abortion. In addition, as a result of minors usually want parental consent to journey, in case you are a minor in search of help from somebody (even your mum or dad or guardian) to journey to New Jersey for abortion care, it is best to speak to a lawyer about that, too. You can name the quantity beneath or contact the Repro Legal Helpline to attempt to get recommendation from a lawyer.

  1. I reside in a state with an abortion ban. What occurs if somebody in my state finds out I had an abortion in New Jersey? Can I get in authorized bother in my house state? Does New Jersey regulation defend me?

Many states with prison bans on abortion do not search to punish the one that will get the abortion, however as an alternative goal the well being supplier or others who assist the affected person get an abortion. To be taught extra concerning the legal guidelines of your private home state, you possibly can verify these sources:

State legal guidelines are altering quickly. If you wish to know extra concerning the authorized dangers in a selected state, you may as well contact the Repro Legal Helpline.

It is generally protected to journey to a state and interact in conduct that’s authorized within the state you’re visiting. For instance, individuals can journey to Las Vegas to gamble even when playing is against the law of their house state, and their house state shouldn’t be capable of punish them.

There is a danger, nevertheless, that the conventional guidelines won’t cease prosecutors in different states from attempting to use their present prison legal guidelines to conduct that’s authorized within the state the place it happens. We don’t but know the way courts in different states will react to such regulation enforcement techniques.

As of the date of those FAQs, no state has handed a regulation that explicitly makes it a criminal offense to supply an abortion in a state the place it’s authorized to a resident of a state with a prison ban. However, the legal guidelines in lots of states are quickly altering, and there could also be a danger to you or somebody who helps you get an abortion in case you are a resident of a state with an abortion ban.

If there’s a regulation that you just consider could trigger you bother, it is best to seek the advice of with a lawyer. You can name the quantity beneath or contact the Repro Legal Helpline.

New Jersey regulation protects you solely from repercussions in New Jersey—as long as you adjust to state regulation, there will likely be no repercussions in New Jersey. In addition, New Jersey just lately enacted a regulation that protects sure affected person info relating to reproductive well being providers. This regulation can’t assure confidentiality, however it ought to defend your well being info from disclosure to prosecutors and others from out of state in lots of circumstances. See Qs.14, 15.

If you wish to be taught extra about your reproductive rights on the nationwide degree, the Federal Department of Health and Human Services has revealed useful information.

ACCESS

  1. Whom do I name to schedule an appointment? What clinics have essentially the most availability?

Below are some sources that could be useful to you. This record just isn’t exhaustive.

Abortion Finder: AbortionFinder.org is a useful nationwide useful resource that enables these in search of an abortion to discover a native supplier. This useful resource signifies whether or not clinics present abortion by remedy, procedures, or each.

I Need an A: I Need an A is one other nationwide useful resource the place you possibly can seek for an area abortion supplier.

Planned Parenthood: Planned Parenthood has many clinics all through New Jersey. As of the date of those FAQs, most areas are solely providing abortions by remedy.

Cherry Hill Women’s Center: Cherry Hill Women’s Center affords first- and second-trimester abortions.

  1. Can somebody assist me schedule an appointment and make journey and logistical preparations?

Maybe. Certain abortion funding organizations present logistical and scheduling assist. For further info, go to I Need an A. You might also go to Apiary for Practical Support or The Brigid Alliance to seek out native sensible assist networks that present help in making journey and logistical preparations.

  1. I would like an abortion, however the wait time in any respect the New Jersey clinics is lengthy. What are my choices?

If you’re in New Jersey and early in your being pregnant, you could possibly entry abortion care through telemedicine. This is protected and accredited by the FDA. Please see the sources in Q.7 to seek for a supplier who could have the opportunity provide telehealth providers.

If you’re in search of an in-clinic process and all areas in New Jersey have a protracted wait time, please additionally see nationwide sources in Q.7 to find out if touring to a different state the place abortion is authorized is the best choice for you.

PAYMENT

  1. Can I exploit my medical insurance to pay for an abortion in New Jersey?

As of the date of those FAQs, New Jersey regulation doesn’t require medical insurance insurance policies to cowl abortion or related bills, though the state is contemplating rules that may impose a requirement. You’ll have to name your well being insurer or advantages administrator to seek out out in case your insurance coverage covers abortion and related bills.

You ought to know that utilizing insurance coverage to pay for an abortion can current a danger to confidentiality. A New Jersey-based well being insurer will need to have your consent earlier than disclosing your well being info associated to a authorized abortion in New Jersey. But out-of-state insurers will likely be topic to the legal guidelines of different states, which may allow or require disclosure in response to a subpoena or court docket order. Moreover, even New Jersey-based insurers would possibly contract with different corporations that retailer digital well being information in different states, and people out-of-state entities are additionally topic to the legal guidelines and court docket orders of different states.

If you possibly can afford it, essentially the most confidential type of fee is money (not an app like Apple Pay or Venmo, however precise money).

  1. Does NJ FamilyCare/Medicaid cowl abortions for New Jersey residents?

Yes. NJ FamilyCare supplies reasonably priced medical insurance for eligible New Jersey residents, together with protection associated to being pregnant. All of the Medicaid well being plans beneath NJ FamilyCare cowl abortion providers. New Jersey residents can verify their eligibility by visiting the NJ FamilyCare website or the Department of Human Services website.

  1. Is there every other monetary assist to pay for abortions and the related prices if I’ve to journey?

Yes. Funding could also be obtainable to help with a number of of the prices related to getting an abortion, together with the price of the appointment, journey and lodging, and childcare. Below are some examples of sources that could be useful to you. This record just isn’t exhaustive.

If you need assistance paying, go to:

New Jersey Abortion Access Fund (NJAAF). Anyone who’s pregnant, no matter age, immigration standing, and/or marital standing can apply for funding by means of NJAAF. The solely requirement is that the process is carried out at one of many clinics in New Jersey that NJAAF works with.

National Abortion Federation (NAF) or name its hotline at 800-772-9100. NAF supplies info on learn how to entry abortion throughout the nation. In addition, sufferers could possibly obtain monetary assist to pay for his or her abortion, together with the price of journey.

National Network of Abortion Funds (NNAF), or the National Network of Abortion Funds-affiliated fund in your state. NNAF organizes abortion funds and sensible assist organizations throughout the nation to help abortion seekers.

Women’s Reproductive Rights Assistance Project (WRRAP). WRRAP supplies abortion funding for sufferers throughout the nation at sure supplier areas. In addition to abortion funding, WRRAP additionally supplies emergency contraception.

Indigenous Women Rising helps fund abortions within the United States and Canada for indigenous individuals. To use this funding, it’s essential to be capable of show membership in a tribal neighborhood.

PRIVACY

  1. If I get an abortion from a New Jersey supplier, will my well being details about the abortion be confidential?

Maybe. It will depend upon who’s asking for the knowledge, how they ask, whom they ask, and the place the knowledge is saved. The backside line is that confidentiality of medical info just isn’t assured. See Qs.14–19, beneath.

  1. Can well being care suppliers, well being plans, well being insurers, and processors of well being info in New Jersey disclose info associated to my authorized abortion in New Jersey?

No. New Jersey just lately enacted a law that gives broad protections for affected person info regarding reproductive well being providers.

The new regulation covers well being care suppliers, well being plans and insurers, and/or processors of knowledge obtained from a well being care supplier and/or well being plan/insurer. These are collectively known as “Covered Entities.” Under the brand new regulation, Covered Entities in New Jersey could not disclose info associated to reproductive well being providers which can be authorized in New Jersey, until the affected person consents. At or earlier than the time reproductive well being providers are supplied, Covered Entities should inform sufferers that they do not should consent to the disclosure of their info.

The New Jersey regulation doesn’t eradicate all danger, nevertheless. It is new and has not been examined in court docket. Moreover, it does not defend info associated to a affected person’s reproductive well being care that’s within the possession of an entity aside from a Covered Entity—akin to a search engine, an app, financial institution or bank card corporations, or servers that comprise an individual’s textual content messages or different private communications. If these entities resolve to supply such info, they will accomplish that. Entities in New Jersey can’t, nevertheless, be pressured to take action. See Q.15.

  1. Can public entities and workers in New Jersey cooperate in investigations into my authorized abortion in New Jersey?

They mustn’t. In some circumstances, an out-of-state prosecutor or non-public litigant would possibly make a requirement by means of a subpoena or court docket order for details about abortions which can be authorized in New Jersey. Subpoenas or court docket orders from outdoors New Jersey are usually solely enforceable with the cooperation of the New Jersey courts. But another new law prohibits New Jersey public workers and entities, together with New Jersey courts, from serving to to implement such an out-of-state subpoena or court docket order. New Jersey courts and prosecutors could not at all times be capable of inform when an out-of-state investigation pertains to a authorized abortion, but when they will inform, they might not help within the investigation. Without help from the New Jersey courts, out-of-state investigators will be unable to pressure anybody in New Jersey to adjust to their calls for for info.

To summarize, if an individual from out of state seeks info in New Jersey associated to reproductive well being providers which can be authorized in New Jersey:

    • Covered Entities in New Jersey are prohibited from sharing such info with out the affected person’s consent.
    • Public entities and workers in New Jersey are prohibited from aiding with such an investigation.
    • Entities in New Jersey that aren’t Covered Entities are not prohibited from sharing such info.
    • Entities in New Jersey that aren’t Covered Entities however which don’t wish to share such info ought to be capable of successfully resist complying with calls for for info from these conducting the investigation.
  1. Does it matter for cover of my well being info whether or not I’m a resident of New Jersey?

These protections make no distinction between sufferers who’re residents of New Jersey and individuals who journey to New Jersey from different states to obtain reproductive well being providers.

  1. What if my well being info is saved outdoors New Jersey?

If your well being info is saved outdoors New Jersey, akin to in a industrial database for sharing digital medical data (for instance, MyChart or Athena Health), these data could also be topic to disclosure in different states primarily based on these states’ legal guidelines.

If your well being info is shared along with your different medical suppliers—akin to your main care doctor in your house state—the knowledge could also be accessible by means of the supplier in your house state.

  1. Does HIPAA assist me?

The Health Insurance Portability and Accountability Act (“HIPAA”) is a federal regulation relating to the privateness of medical info. HIPAA usually requires that protected well being info stay confidential, however HIPAA permits disclosure of such info, with out the affected person’s consent, pursuant to court docket orders, subpoenas, and different comparable authorized course of. Therefore, HIPAA won’t defend the confidentiality of well being info that’s electronically saved in different states and is topic to lawful subpoenas or court docket orders in these states. The Federal Department of Health and Human Services has issued relevant guidance on HIPAA and its exceptions.

  1. What if I pay for the abortion with a bank card, debit card, or digital fee system akin to Apple Pay or Venmo? Will my monetary info be confidential?

The monetary entities that maintain details about your transactions will not be “Covered Entities” (which embody solely well being suppliers, well being insurers or plans, or information processors for suppliers, insurers, or plans). Financial entities are subsequently not lined by the New Jersey regulation that stops Covered Entities from disclosing details about reproductive well being providers which can be authorized in New Jersey.

Public entities and workers in New Jersey are prohibited, nevertheless, from aiding in any out-of-state investigation into an abortion that’s authorized in New Jersey. This implies that New Jersey courts won’t assist out-of-state prosecutors or others by demanding that any entity in New Jersey flip over your monetary info associated to a authorized abortion.

Like different digital data saved outdoors New Jersey, nevertheless, monetary info saved in different states could also be topic to disclosure calls for beneath the legal guidelines of the states the place they’re saved.

If you possibly can afford it, paying with precise money is safer than paying with credit score or debit playing cards or apps akin to Apple Pay or Venmo.

You ought to seek the advice of with a lawyer in case you are nervous about privateness points.

CRIMINAL AND CIVIL LIABILITY IN OTHER STATES FOR ABORTIONS IN NJ

  1. What is the abortion regulation in my state?

If you aren’t positive what the regulation of your state is, you possibly can verify the sources in Q.6, which compile and describe state abortion legal guidelines.

  1. If I’m touring to New Jersey for an abortion as a result of the state the place I reside has a ban, can I be sued or prosecuted once I return to my state?

Your house state shouldn’t be capable of punish you for having an abortion that was authorized in New Jersey, however there are not any ensures you’ll be protected from makes an attempt to punish you. See Q.6.

At this time, no state regulation permits non-public residents to sue individuals for having abortions, however some states have handed legal guidelines that permit non-public residents to sue abortion suppliers or others who assist individuals from these states get abortions in violation of the legal guidelines of these states.

If you’re touring to New Jersey from a state that has imposed penalties for abortion, it is best to seek the advice of with a lawyer concerning the potential penalties of touring out of state.

    • If you need authorized recommendation since you are involved about arrest for abortion or have been contacted by regulation enforcement, you possibly can securely contact the Repro Legal Helpline for authorized recommendation, free authorized illustration, and referrals to protection attorneys.
    • If you’ve gotten been charged with a criminal offense due to or associated to an abortion, you or your legal professional can contact the Repro Legal Defense Fund for bail help, case help, referrals to medical specialists, and extra.
    • If you’re beneath investigation or charged with a criminal offense associated to your being pregnant or any being pregnant end result, or a baby welfare motion has been opened associated to your being pregnant or any being pregnant end result, you possibly can contact National Advocates for Pregnant Women (NAPW), which could possibly assist by offering prison or household protection assist or by connecting you to an legal professional. NAPW may be reached confidentially by leaving an in depth message at 212-255-9252 or online.
    • You can even name the quantity beneath.
  1. I’m not but 18 years previous. Are there particular dangers for me in touring to New Jersey for an abortion?

So lengthy as you’ll be able to present knowledgeable consent—which means you could perceive the dangers and advantages of the abortion and its alternate options—you may get a authorized abortion in New Jersey. New Jersey regulation doesn’t require you to inform or search consent from a mum or dad or guardian.

As a authorized matter, although, individuals beneath 18 years previous may have their mum or dad’s or guardian’s permission to journey. In some states, an individual (even probably a mum or dad or guardian) may face critical dangers for serving to you journey for an abortion in one other state. It is subsequently particularly necessary to seek the advice of with a lawyer in case you are beneath 18 and also you wish to journey to a different state for an abortion. You can contact the Repro Legal Helpline to attempt to speak to a lawyer or name the quantity beneath.

If you can not journey to New Jersey however plan to go to a unique state, you could wish to take a look at If/When/How’s Judicial Bypass Wiki for details about your rights and a map of state legal guidelines affecting minors’ entry to abortion.

  1. I can’t journey to New Jersey. Can a New Jersey supplier prescribe remedy abortion through a telemedicine appointment and mail it to me in my house state? If my house state has a ban, may I get in bother for taking the capsules at house? Could the supplier get in bother?

The regulation of the state the place you (the affected person) are situated will usually management a prescription by telemedicine. Therefore, in case your state has a regulation prohibiting abortion, or prohibiting or proscribing remedy abortion by means of telemedicine, then receiving a prescription for remedy abortion in your state from a supplier in New Jersey could expose you and the supplier to important authorized danger.

Abortion continues to be authorized in lots of states along with New Jersey, and also you could possibly discover care nearer to house in one other state the place abortion is authorized. To seek for abortion suppliers all through the United States, go to abortionfinder.org or I Need an A.

If you wish to be taught extra about entry to remedy abortion, you possibly can verify these web sites: Plan C, Abortion on Demand, or Aid Access. For medical info on learn how to handle a medicine abortion safely, these videos from Doctors Without Borders could also be useful. You might also wish to contact the Repro Legal Helpline and verify this information on your rights.

OUT-OF-STATE ABORTIONS FOR NEW JERSEY RESIDENTS

I’m from New Jersey however I’m staying/dwelling proper now in one other state the place abortion is against the law.

  1. I would like an abortion. What ought to I do?

The regulation of the state the place you’re situated applies to your conduct in that state. You danger being criminally prosecuted in case you are in a state the place abortion is against the law, and the state permits prosecutions of sufferers. (Remember that many states criminalize solely suppliers and helpers, not sufferers.) To be taught extra about your state’s regulation, see the sources in Q.6.

If doable, you could wish to journey to New Jersey or one other state the place abortion is authorized. To seek for abortion suppliers all through the United States, go to abortionfinder.org or I Need an A.

  1. I’m not but eighteen. Can I journey to discover a authorized abortion?

There are particular dangers for minors. See Q.22.

  1. Can a New Jersey supplier prescribe me remedy abortion through telehealth? Can they mail me the capsules?

This entails important dangers. See Q.23.

  1. What if I’ve an abortion in a state the place it’s unlawful, after which I return to New Jersey? Am I protected? Can I be despatched again to the hostile state for prosecution?

If you’ve gotten an abortion in a state the place it’s unlawful, returning to New Jersey can’t assure your security. New Jersey just lately enacted a law that protects individuals in sure circumstances from being “extradited.” The police in a state with an abortion ban can’t cross state traces to arrest you in a unique state. Instead, the state with the ban should use a course of known as “extradition” to have you ever taken into custody in a unique state after which transferred to their state to face the fees towards you.

Under the regulation, New Jersey won’t extradite an individual for offering, receiving, aiding in, supporting, or touring to acquire reproductive well being providers which can be authorized in New Jersey. But the regulation is new and has not been examined in court docket. Moreover, the regulation has an exception. New Jersey will extradite an individual who was within the state making the extradition demand on the time of the alleged crime and fled that state. Therefore, if a ban state costs you with a criminal offense associated to an abortion that allegedly passed off there, and the ban state asks New Jersey to ship you again there for prison prosecution, New Jersey regulation won’t stop your extradition. If there’s a demand on your extradition, it is best to instantly speak to a lawyer. You can name the quantity beneath.

  1. What if I trigger my very own abortion with out involving anybody else? Is that unlawful in states that ban abortion?

That will depend upon the regulation of the state the place you have been situated whenever you managed your individual abortion. To be taught extra, contact the Repro Legal Helpline and verify this information on your rights.

  1. If I’ve an abortion in a state with a ban, can I get in bother with my college or employer?

In some states, employers and colleges can self-discipline workers or college students for having an abortion. Federal and state legal guidelines that prohibit discrimination on the idea of intercourse or being pregnant would possibly cease your employer or college from taking motion towards you, however you’d have to take your employer or college to court docket, and that may be a protracted and unsure course of.

You ought to know that, usually talking, neither an employer nor a faculty has the precise to entry your private well being info, however some small employers with self-funded well being plans could possibly be taught of a selected worker’s use of medical insurance for reproductive providers.

If you expertise discrimination or harassment in employment, training, or healthcare associated to acquiring an abortion, contact National Women’s Law Center Legal Network for Gender Equity, which might help you to find authorized help.

This doc is for informational functions solely, just isn’t supposed as authorized recommendation, and doesn’t substitute for consulting with a lawyer about your specific info and circumstances. This doc doesn’t represent a solicitation, and your use of this doc doesn’t create any attorney-client relationship between you and Lowenstein Sandler. We don’t characterize that the content material of this doc is right, full, or up-to-date, or that it displays present authorized developments.

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