Equal Access to Abortion Coverage in Health Insurance (EACH Woman) Act of 2019

II 116TH CONGRESS 1ST SESSION S. 758 To ensure affordable abortion coverage and care for every woman, and for other purposes. IN THE SENATE OF THE UNITED STATES MARCH 12, 2019 Ms. DUCKWORTH (for herself, Mrs. MURRAY, Ms. HIRONO, Ms. HARRIS, Mrs. SHAHEEN, Mrs. GILLIBRAND, Mr. BLUMENTHAL, Mr. WYDEN, Ms. SMITH, Ms. ROSEN, and Ms. KLOBUCHAR) introduced the following bill; which was read twice and referred to the Committee on Health, Edu- cation, Labor, and Pensions A BILL To ensure affordable abortion coverage and care for every woman, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Equal Access to Abor- 4 tion Coverage in Health Insurance (EACH Woman) Act 5 of 2019’’. 6 SEC. 2. FINDINGS. 7 Congress makes the following findings: 8 VerDate Sep 11 2014 23:06 Mar 22, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S758.IS S758 pbinns on DSK79D2C42PROD with BILLS 2 •S 758 IS (1) Affordable, comprehensive health insurance 1 that includes coverage for a full range of pregnancy- 2 related care, including abortion, is critical to the 3 health of every person regardless of actual or per- 4 ceived race, color, national origin, immigration sta- 5 tus, sex (including sexual orientation, gender iden- 6 tity, pregnancy, childbirth, a medical condition relat- 7 ing to pregnancy or childbirth, or sex stereotyping), 8 age, or disability status. 9 (2) Neither a woman’s income level nor her 10 type of insurance should prevent her from having ac- 11 cess to a full range of pregnancy-related care, in- 12 cluding abortion services. 13 (3) No woman should have the decision to have, 14 or not to have, an abortion made for her based on 15 her ability or inability to afford the procedure. 16 (4) Since 1976, the Federal Government has 17 withheld funds for abortion coverage in most cir- 18 cumstances, affecting women of reproductive age in 19 the United States who are insured through the Med- 20 icaid program, as well as women who receive insur- 21 ance or care through other Federal health plans and 22 programs. Of women aged 15–44 enrolled in Med- 23 icaid in 2017, 55 percent lived in the 35 States and 24 the District of Columbia that do not cover abortion, 25 VerDate Sep 11 2014 23:06 Mar 22, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S758.IS S758 pbinns on DSK79D2C42PROD with BILLS 3 •S 758 IS except in limited circumstances. This amounts to 1 roughly 7.3 million women of reproductive age, in- 2 cluding 3.1 million women living below the Federal 3 poverty level. Women of color are disproportionately 4 likely to be insured by the Medicaid program: Na- 5 tionwide, 32 percent of Black women and 27 percent 6 of Hispanic women aged 15–44 were enrolled in 7 Medicaid in 2017, compared with 16 percent of 8 White women. 9 (5) Moreover, 26 States also prohibit abortion 10 coverage in private insurance plans within or beyond 11 health insurance marketplaces under the Patient 12 Protection and Affordable Care Act. 13 (6) Restrictions on abortion coverage interfere 14 with a woman’s personal decision making, with her 15 health and well-being, and with her constitutionally 16 protected right to a safe and legal medical proce- 17 dure. 18 (7) Restrictions on abortion coverage have a 19 disproportionate impact on low-income women, 20 women of color, immigrant women, and young 21 women. These women are already disadvantaged in 22 their access to the resources, information, and serv- 23 ices necessary to prevent an unintended pregnancy 24 or to carry a healthy pregnancy to term. 25 VerDate Sep 11 2014 23:06 Mar 22, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S758.IS S758 pbinns on DSK79D2C42PROD with BILLS 4 •S 758 IS SEC. 3. ABORTION COVERAGE AND CARE REGARDLESS OF 1 INCOME OR SOURCE OF INSURANCE. 2 (a) ENSURING ABORTION COVERAGE AND CARE 3 THROUGH THE FEDERAL GOVERNMENT IN ITS ROLE AS 4 AN INSURER, EMPLOYER, OR HEALTH CARE PRO- 5 VIDER.—The Federal Government shall— 6 (1) ensure coverage for abortion care in public 7 health insurance programs including Medicaid, 8 Medicare, and the Children’s Health Insurance Pro- 9 gram; 10 (2) in its role as an employer or health plan 11 sponsor, ensure coverage for abortion care for par- 12 ticipants and beneficiaries; and 13 (3) in its role as a provider of health services, 14 ensure abortion care is made available to individuals 15 who are eligible to receive services in its own facili- 16 ties or in facilities with which it contracts to provide 17 medical care. 18 (b) PROHIBITING RESTRICTIONS ON PRIVATE INSUR- 19 ANCE COVERAGE OF ABORTION CARE.— 20 (1) FEDERAL RESTRICTIONS.—The Federal 21 Government shall not prohibit, restrict, or otherwise 22 inhibit insurance coverage of abortion care by State 23 or local government or by private health plans. 24 (2) STATE AND LOCAL GOVERNMENT RESTRIC- 25 TIONS.—State and local governments shall not pro- 26 VerDate Sep 11 2014 23:06 Mar 22, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S758.IS S758 pbinns on DSK79D2C42PROD with BILLS 5 •S 758 IS hibit, restrict, or otherwise inhibit insurance cov- 1 erage of abortion care by private health plans. 2 SEC. 4. SENSE OF CONGRESS. 3 It is the sense of the Congress that— 4 (1) the Federal Government, acting in its ca- 5 pacity as an insurer, employer, or health care pro- 6 vider, should serve as a model for the Nation to en- 7 sure coverage of abortion care; and 8 (2) moreover, restrictions on coverage of abor- 9 tion care in the private insurance market must end. 10 SEC. 5. RULE OF CONSTRUCTION. 11 Nothing in this Act shall be construed to have any 12 effect on any Federal, State, or local law that includes 13 more protections for abortion coverage or care than those 14 set forth in this Act. 15 SEC. 6. SEVERABILITY. 16 If any portion of this Act or the application thereof 17 to any person or circumstances is held invalid, such inva- 18 lidity shall not affect the portions or applications of this 19 Act which can be given effect without the invalid portion 20 or application. 21 Æ VerDate Sep 11 2014 23:06 Mar 22, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6301 E:\BILLS\S758.IS S758 pbinns on DSK79D2C42PROD with BILLS