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

I 116TH CONGRESS 1ST SESSION H. R. 1692 To ensure affordable abortion coverage and care for every woman, and for other purposes. IN THE HOUSE OF REPRESENTATIVES MARCH 12, 2019 Ms. LEE of California (for herself, Mrs. DINGELL, Ms. JOHNSON of Texas, Mr. ESPAILLAT, Mr. FOSTER, Ms. FUDGE, Mr. GOMEZ, Ms. HAALAND, Mr. HASTINGS, Ms. JAYAPAL, Mrs. BEATTY, Mr. KENNEDY, Mr. KHANNA, Mr. KRISHNAMOORTHI, Ms. KUSTER of New Hampshire, Mr. LARSEN of Washington, Mrs. LAWRENCE, Mr. LEVIN of Michigan, Mr. TED LIEU of California, Mrs. LOWEY, Mrs. CAROLYN B. MALONEY of New York, Ms. SCHAKOWSKY, Ms. DEGETTE, Mr. DEUTCH, Mr. SMITH of Washington, Mr. GREEN of Texas, Mr. BERA, Mr. BLUMENAUER, Ms. BONAMICI, Mr. CARBAJAL, Mr. CASE, Mr. CASTEN of Illinois, Ms. JUDY CHU of California, Mr. CICILLINE, Ms. CLARK of Massachusetts, Mr. COHEN, Mr. CONNOLLY, Mr. CRIST, Ms. DELAURO, Ms. DELBENE, Mr. DESAULNIER, Ms. MCCOLLUM, Mr. MCNERNEY, Ms. MENG, Ms. MOORE, Mr. MORELLE, Mr. MOULTON, Mr. NADLER, Mr. NEGUSE, Ms. OCASIO- CORTEZ, Ms. OMAR, Mr. PAYNE, Ms. PINGREE, Mr. POCAN, Ms. PRESSLEY, Mr. PRICE of North Carolina, Mr. ROSE of New York, Mr. ROUDA, Mr. SEAN PATRICK MALONEY of New York, Ms. SA´NCHEZ, Mr. SCHIFF, Mr. SERRANO, Ms. SPEIER, Mr. SWALWELL of California, Mr. TAKANO, Mr. VEASEY, Mr. TONKO, Ms. WASSERMAN SCHULTZ, Mrs. WATSON COLEMAN, Mr. WELCH, Ms. WEXTON, Mr. DANNY K. DAVIS of Illinois, Mr. NORCROSS, Ms. BARRAGA´N, Mr. KILMER, Mr. SCHNEIDER, Mr. CUMMINGS, Ms. VELA´ZQUEZ, Mr. QUIGLEY, Mrs. LEE of Nevada, Mr. DELGADO, Ms. GARCIA of Texas, Ms. BLUNT ROCHESTER, Mr. BEYER, Mr. AGUILAR, Mr. CA´RDENAS, Ms. CASTOR of Florida, Mr. PAL- LONE, Mr. GALLEGO, Mr. HECK, Ms. MATSUI, Miss RICE of New York, and Mrs. TORRES of California) introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committees on Ways and Means, and Oversight and Reform, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the com- mittee concerned VerDate Sep 11 2014 23:24 Mar 26, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6652 E:\BILLS\H1692.IH H1692 kjohnson on DSK79L0C42 with BILLS 2 •HR 1692 IH 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 (1) Affordable, comprehensive health insurance 9 that includes coverage for a full range of pregnancy- 10 related care, including abortion, is critical to the 11 health of every person regardless of actual or per- 12 ceived race, color, national origin, immigration sta- 13 tus, sex (including sexual orientation, gender iden- 14 tity, pregnancy, childbirth, a medical condition relat- 15 ing to pregnancy or childbirth, or sex stereotyping), 16 age, or disability status. 17 (2) Neither a woman’s income level nor her 18 type of insurance should prevent her from having ac- 19 cess to a full range of pregnancy-related care, in- 20 cluding abortion services. 21 VerDate Sep 11 2014 23:24 Mar 26, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H1692.IH H1692 kjohnson on DSK79L0C42 with BILLS 3 •HR 1692 IH (3) No woman should have the decision to have, 1 or not to have, an abortion made for her based on 2 her ability or inability to afford the procedure. 3 (4) Since 1976, the Federal Government has 4 withheld funds for abortion coverage in most cir- 5 cumstances, affecting women of reproductive age in 6 the United States who are insured through the Med- 7 icaid program, as well as women who receive insur- 8 ance or care through other federal health plans and 9 programs. Of women aged 15–44 enrolled in Med- 10 icaid in 2017, 55 percent lived in the 35 States and 11 the District of Columbia that do not cover abortion, 12 except in limited circumstances. This amounts to 13 roughly 7.3 million women of reproductive age, in- 14 cluding 3.1 million women living below the Federal 15 poverty level. Women of color are disproportionately 16 likely to be insured by the Medicaid program: Na- 17 tionwide, 32 percent of Black women and 27 percent 18 of Hispanic women aged 15–44 were enrolled in 19 Medicaid in 2017, compared with 16 percent of 20 White women. 21 (5) Moreover, 26 States also prohibit abortion 22 coverage in private insurance plans within or beyond 23 health insurance marketplaces under the Patient 24 Protection and Affordable Care Act. 25 VerDate Sep 11 2014 23:24 Mar 26, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H1692.IH H1692 kjohnson on DSK79L0C42 with BILLS 4 •HR 1692 IH (6) Restrictions on abortion coverage interfere 1 with a woman’s personal decision making, with her 2 health and well-being, and with her constitutionally 3 protected right to a safe and legal medical proce- 4 dure. 5 (7) Restrictions on abortion coverage have a 6 disproportionate impact on low-income women, 7 women of color, immigrant women, and young 8 women. These women are already disadvantaged in 9 their access to the resources, information, and serv- 10 ices necessary to prevent an unintended pregnancy 11 or to carry a healthy pregnancy to term. 12 SEC. 3. ABORTION COVERAGE AND CARE REGARDLESS OF 13 INCOME OR SOURCE OF INSURANCE. 14 (a) ENSURING ABORTION COVERAGE AND CARE 15 THROUGH THE FEDERAL GOVERNMENT IN ITS ROLE AS 16 AN INSURER, EMPLOYER, OR HEALTH CARE PRO- 17 VIDER.—The Federal Government shall— 18 (1) ensure coverage for abortion care in public 19 health insurance programs including Medicaid, 20 Medicare, and the Children’s Health Insurance Pro- 21 gram; 22 (2) in its role as an employer or health plan 23 sponsor, ensure coverage for abortion care for par- 24 ticipants and beneficiaries; and 25 VerDate Sep 11 2014 23:24 Mar 26, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H1692.IH H1692 kjohnson on DSK79L0C42 with BILLS 5 •HR 1692 IH (3) in its role as a provider of health services, 1 ensure abortion care is made available to individuals 2 who are eligible to receive services in its own facili- 3 ties or in facilities with which it contracts to provide 4 medical care. 5 (b) PROHIBITING RESTRICTIONS ON PRIVATE INSUR- 6 ANCE COVERAGE OF ABORTION CARE.— 7 (1) FEDERAL RESTRICTIONS.—The Federal 8 Government shall not prohibit, restrict, or otherwise 9 inhibit insurance coverage of abortion care by State 10 or local government or by private health plans. 11 (2) STATE AND LOCAL GOVERNMENT RESTRIC- 12 TIONS.—State and local governments shall not pro- 13 hibit, restrict, or otherwise inhibit insurance cov- 14 erage of abortion care by private health plans. 15 SEC. 4. SENSE OF CONGRESS. 16 It is the sense of the Congress that— 17 (1) the Federal Government, acting in its ca- 18 pacity as an insurer, employer, or health care pro- 19 vider, should serve as a model for the Nation to en- 20 sure coverage of abortion care; and 21 (2) moreover, restrictions on coverage of abor- 22 tion care in the private insurance market must end. 23 VerDate Sep 11 2014 23:24 Mar 26, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H1692.IH H1692 kjohnson on DSK79L0C42 with BILLS 6 •HR 1692 IH SEC. 5. RULE OF CONSTRUCTION. 1 Nothing in this Act shall be construed to have any 2 effect on any Federal, State, or local law that includes 3 more protections for abortion coverage or care than those 4 set forth in this Act. 5 SEC. 6. SEVERABILITY. 6 If any portion of this Act or the application thereof 7 to any person or circumstances is held invalid, such inva- 8 lidity shall not affect the portions or applications of this 9 Act which can be given effect without the invalid portion 10 or application. 11 Æ VerDate Sep 11 2014 23:24 Mar 26, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6301 E:\BILLS\H1692.IH H1692 kjohnson on DSK79L0C42 with BILLS