THE ABORTION COVERAGE PROHIBITION ACT

Model Legislation & Policy Guide

For the 2013 Legislative Year

2 Abortion Coverage Prohibition Act Americans United for Life

INTRODUCTION
One positive outcome from the 2009-2010 health care reform debate is that many more Americans are now aware that a large number of private insurance plans maybe even their own cover abortions. In fact, according to the pro-abortion Guttmacher Institute, 87% of typical employer-based insurance policies in 2002 covered medically necessary or appropriate abortions.1 As a result, the American public along with many state legislators are now seeking a way to prohibit insurance coverage of most abortions in their states. Currently, eight states2 have laws, dating back as far as 1978, that prohibit private insurance plans operating within their states from covering most abortions. Four of these laws were enacted in 2011.3All eight have an exception for when the mothers life is at risk and one state4 permits coverage under more circumstances. Notably, every state but Utah explicitly permits abortion coverage through the purchase of an optional rider and payment of an additional premium. Importantly, in Coe v. Melahn,5 the 8th Circuit Court of Appeals held that Missouris ban on insurance coverage of most abortions did not place an undue burden on a womans ability to obtain an abortion and was, thus, constitutionally permissible. To assist state legislators in prohibiting health insurance coverage of abortions within their states, AUL has developed The Abortion Coverage Prohibition Act, which is modeled after existing state laws on the topic. For more information and drafting assistance, please contact AULs Legislative Coordinator at (202) 741-4907 or Legislation@AUL.org.

DENISE M. BURKE, ESQ. Vice President of Legal Affairs Americans United for Life

See http://www.guttmacher.org/media/inthenews/2009/07/22/index.html (emphasis added) (last visited, July 18, 2012). 2 Idaho, Kansas, Kentucky, Missouri, Nebraska, North Dakota, Oklahoma, and Utah. 3 Kansas, Nebraska, Oklahoma, and Utah. Oklahomas new law replaced a previous law that was less restrictive. 4 Utah. 5 958 F.2d 223 (8th Cir. 1992).

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THE ABORTION COVERAGE PROHIBITION ACT

HOUSE/SENATE BILL No. ________________ By Representatives/Senators ________________ Section 1. Title. This Act may be known and cited as the Abortion Coverage Prohibition Act. Section 2. Legislative Findings and Purposes. (a) The [Legislature] of the State of [Insert name of State] finds that: (1) According to the Guttmacher Institute, Eighty-seven percent (87%) of typical employer-based insurance policies issued in 2002 covered medically necessary or appropriate abortions. Thus, as a result of the several factors including the U.S. Supreme Courts broad definition of health within the context of abortion, the vast majority of private health insurance plans, often unbeknownst to employers and consumers, covered abortion-on-demand. Private insurance contracts, plans, and policies often offer optional abortion coverage through the purchase of a separate rider.

(2)

(b)

It is the intent of the [Legislature] that private health insurance contracts, plans, and policies offered in the State of [Insert name of State] may not offer abortion coverage[, or may only offer abortion coverage through the purchase, by an individual policyholder, of a separate rider and through the payment of an additional premium for such coverage].

Section 3. Prohibition. (a) No health insurance contract, plan, or policy delivered or issued for delivery in the State of [Insert name of State] shall provide coverage for abortions, except when the life of the mother is endangered by a physical disorder, physical illness, or physical injury, including a lifeendangering physical condition caused by or arising from the pregnancy itself. [Insurance providers may offer abortion coverage through an optional rider for which there must be paid an additional premium.] (b) Subsection (a) of this Section shall be applicable to all contracts, plans or policies of:6 (1)
6

All health insurers subject to [Insert appropriate State code section(s)];

This list should be tailored according to the laws of the State.

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(2)

All nonprofit hospital, medical, surgical, dental, and health service corporations subject to [Insert appropriate State code section(s)]; All group and blanket health insurers subject to [Insert appropriate State code section(s)]; All health maintenance organizations subject to [Insert appropriate State code section(s)]; Any provision of medical, hospital, surgical, and funeral benefits and of coverage against accidental death or injury, when such benefits or coverage are incidental to or part of other insurance described in [Insert appropriate State code section(s)]; and All employers who provide health insurance for employees on a self-insured basis.

(3)

(4)

(5)

(6)

Section 4. Construction. (a) (b) Nothing in this Act shall be construed as creating or recognizing a right to abortion. It is not the intention of this Act to make lawful an abortion that is currently unlawful.

Section 5. Right of Intervention. The [Legislature], by joint resolution, may appoint one or more of its members, who sponsored or cosponsored this Act in his or her official capacity, to intervene as a matter of right in any case in which the constitutionality of this Act or any portion thereof is challenged. Section 6. Severability. Any provision of this Act held to be invalid or unenforceable by its terms, or as applied to any person or circumstance, shall be construed so as to give it the maximum effect permitted by law, unless such holding shall be one of utter invalidity or unenforceability, in which event such provision shall be deemed severable herefrom and shall not affect the remainder hereof or the application of such provision to other persons not similarly situated or to other, dissimilar circumstances. Section 7. Effective Date. This Act takes effect on [Insert date]. 5 Abortion Coverage Prohibition Act Americans United for Life

STATE OF THE STATES: WHERE ARE WE NOW?

LIMITATIONS ON PRIVATE INSURANCE COVERAGE OF ABORTION

Eight states prohibit private insurance plans operating within their states from covering most abortions. Seven states prohibit private insurance plans operating within their states from covering most abortions except for cases of life endangerment: ID, KS, KY, MO, NE, ND, and OK. One state prohibits private insurance plans operating within the state from covering abortions except for cases of rape, incest, life endangerment, serious health risk to mother, or fatal fetal anomally: UT.

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More detailed information about state limitations on abortion funding including restrictions on insurance plans can be found in Defending Life 2012: Building a Culture of Life, Deconstructing the Abortion Industry.

Defending Life 2012 is available online at AUL.org.

For further information regarding this or other AUL policy guides, please contact:

AMERICANS UNITED FOR LIFE

655 15th Street NW, Suite 410 Washington DC 20005 202.289.1478 | Fax 202.289.1473 | Legislation@AUL.org www.AUL.org 2012 Americans United for Life

This policy guide may be copied and distributed freely as long as the content remains unchanged and Americans United for Life is referenced as the creator and owner of this content.