Abortion, Importing Drugs and Involuntary Hospitalization: State of the State 2025

Abortion rights were a major focus of New York Democrats’ 2024 campaigns. But in the wake of victories by President-elect Donald Trump and other Republicans, Hochul focused Tuesday’s speech on pocket book issues — and did not mention reproductive rights.

In the 140-page briefing document accompanying her State of the State address, however, Hochul did lay out several new abortion policies. Those include expanding funding for abortion providers’ capital investments and a new “flexible” funding stream to allow providers to better adapt to the “possible impact of the incoming federal administration.” She also is proposing codifying abortion as “protected emergency medical care” under New York law.

Hochul also proposed protecting medical providers who prescribe medication abortion to patients in anti-abortion states. Under this proposal, such prescription labels would not need to display the provider’s name, protecting them from potential harassment.

Hochul’s biggest health initiatives were rolled out prior to her speech on Tuesday, including making it easier to involuntarily hospitalize people needing mental health care and strengthening “Kendra’s Law,” which allows courts to order outpatient treatment for mental illness.

“Critics will say this criminalizes poverty or homelessness,” Hochul said on Tuesday. “I say that is flat out wrong. This is about having the humanity and the compassion to help people incapable of helping themselves, fellow human beings who are suffering from mental illness that is literally putting their lives and the lives of others in danger.”

Another novel idea was buried within the briefing document: a proposal to “explore participation” in the Food and Drug Administration’s importation program, through which states can seek approval to import lower-cost Canadian drugs. The governor didn’t mention the idea in the speech itself, and it’s unclear how strongly she will pursue it.

The AARP, which advocates for the interests of older Americans, says importation would be both cost-effective and safe.

“We’re happy to know Governor Hochul is open to exploring the importation of lower-cost prescription drugs from Canada,” said Bill Ferris, New York’s state legislative representative for AARP. He pointed out that legislation allowing the state to set up such a program has passed the Senate with bipartisan support the last three years but repeatedly died in the state Assembly.

“The time to study prescription drug importation has passed — the time for action is now,” Ferris said.

The Pharmaceutical Research and Manufacturers of America, a powerful lobbying group that is consistently among New York’s biggest campaign contributors, strongly opposes the proposal. The industry argues that foreign importation would increase the risk of counterfeit drugs appearing in pharmacies.

A year ago, the FDA authorized Florida’s plan to import certain prescription drugs from Canada, and the incoming White House appears supportive of the idea, as well. In an interview in October, President-elect Donald Trump touted his past support of Canadian importation.

In her briefing book, Hochul also proposed introducing legislation to allow the Medicaid program to cover “Hospital at Home” programs, which allow hospitals to deliver inpatient- level care in patient homes under “clinically appropriate circumstances.”

She also proposed several policies to make New York a “national leader in addressing sexual violence,” including legislation to mandate that all hospitals provide access to trained medical forensic examiners for sexual assault survivors.