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AUL Model Bill: "Abortion Coverage Prohibition Act"

AUL Model Bill: "Abortion Coverage Prohibition Act"

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Published by progressmichigan
A model bill from DC front group "Americans United for Life"
A model bill from DC front group "Americans United for Life"

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Published by: progressmichigan on Feb 20, 2013
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02/20/2013

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2Abortion Coverage Prohibition Act Americans United for Life
T
HE
A
BORTION
C
OVERAGE
P
ROHIBITION
A
CT
Model Legislation & Policy Guide
 For the 2013 Legislative Year 
 
 
3Abortion Coverage Prohibition Act Americans United for Life
I
NTRODUCTION
 
One positive outcome from the 2009-2010 health care reform debate is that many moreAmericans 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 typicalemployer-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 states
2
have laws,dating back as far as 1978, that prohibit private insurance plans operating within their states fromcovering most abortions. Four of these laws were enacted in 2011.
3
All eight have an exceptionfor when the mother’s life is at risk and one state
4
permits coverage under more circumstances. Notably, every state but Utah explicitly permits abortion coverage through the purchase of anoptional rider and payment of an additional premium.Importantly, in
Coe v. Melahn
,
5
the 8
th
Circuit Court of Appeals held that Missouri’s ban oninsurance coverage of most abortions did not place an “undue burden” on a woman’s ability toobtain 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 existingstate laws on the topic. For more information and drafting assistance, please contact AUL’sLegislative Coordinator at (202) 741-4907 or Legislation@AUL.org.
D
ENISE
M.
 
B
URKE
,
 
E
SQ
.
Vice President of Legal Affairs Americans United for Life
1
 
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. Oklahoma’s new law replaced a previous law that was less restrictive.
4
Utah.
5
958 F.2d 223 (8th Cir. 1992).
 
4Abortion Coverage Prohibition Act Americans United for Life
T
HE
A
BORTION
C
OVERAGE
P
ROHIBITION
A
CT
 
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 typicalemployer-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 Court’s broad definition of “health” within the context of abortion, thevast majority of private health insurance plans, often unbeknownst to employersand consumers, covered abortion-on-demand.(2)
 
Private insurance contracts, plans, and policies often offer optional abortioncoverage through the purchase of a separate rider.(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 inthe State of [
 Insert name of State
] shall provide coverage for abortions, exceptwhen the life of the mother  is endangered by a physical disorder, physical illness, or physical injury, including a life-endangering physical condition caused by or arising from the pregnancy itself. [
 Insurance providers may offer  abortion coverage through an optional r ider 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) All health insurers subject to [
 Insert appropriate State code section(s)
];
6
This list should be tailored according to the laws of the State.

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