La. Abortion Insurance Opt-out goes to House Floor

 On April 22, 2010, the Louisiana House of Representatives will consider passage of the Abortion Insurance Opt-out bill, La. H.B. 1247 by Rep. Frank Hoffman (R-Monroe). The following policy points are designed to assist legislators in understanding this important bill that is designed to limit the harm of Obamacare’s liberalization of abortion funding policy. 

As a co-drafter of this bill (which can be read here), Bioethics Defense Fund included the following provision to recognize that Obamacare may be repealed or invalidated in the pending court challenges:

“Nothing in this Act shall be construed or implied to recognize any independent right to abortion under the constitution or laws of this state, nor shall it be construed or implied to recognize the constitutional validity of the Patient Protection and Affordable Care Act of 2010.”

Abortion Insurance Opt-out: Policy Points

La. H.B. 1247 does two things:

 1.      Takes the option in the new national health reform law to prohibit elective abortion coverage in health plans included in the future Louisiana “Exchange;” 

 2.     Prohibits all Louisiana health insurance issuers from covering elective abortion to provide for consistent regulation of health plans inside and outside of the Exchange.

 The Obama health insurance legislation is entitled “The Patient Protection and Affordable Care Act.”  Section 1303 of the legislation clearly gives Louisiana the power to opt-out of abortion coverage in the state exchange:

 ‘‘SEC. 1303. SPECIAL RULES.

‘‘(a) STATE OPT-OUT OF ABORTION COVERAGE.— ‘‘(1) IN GENERAL.—A State may elect to prohibit abortion coverage in qualified health plans offered through an Exchange in such State if such State enacts a law to provide for such prohibition.

 ‘‘(2) TERMINATION OF OPT OUT.—A State may repeal a law described in paragraph (1) and provide for the offering of such services through the Exchange.

 OBJECTIONS AND ANSWERS:  These objections were raised in the La. House Insurance Committee, where the bill passed by a vote of 8-1 on April 14, 2010

• Objection:  We should not pass HB 1247 and leave the status quo in the insurance industry.

 Answer:  If we do not pass HB 1247, there will be a change in the status quo regarding tax-subsidized abortion in the soon-to-be-established La. Exchange.  The Hyde Amendment currently forbids the use of federal funds for any part of a health benefits package that covers elective abortions.  Unlike Hyde, the new Obama health legislation allows citizens to use tax subsidies in the state Exchanges to purchase insurance plans that cover elective abortion. Louisiana must pass HB 1247 to take advantage of the option to prohibit all health benefits plans in the Louisiana Exchange from providing tax-subsidized abortion.

  

• Objection:  HB 1247 illegitimately interferes with business.

Answer:  First, the Louisiana Association of Health Plans has informed the author that they are remaining neutral on this legislation. 

Further, HB 1247 is not about business, it is about the moral issue established in Louisiana law regarding the sanctity of human life.  Since 1973, Louisiana has treated abortion differently than other issues because it takes the life of a living human being.  Because of this, Louisiana already regulates other private businesses with respect to abortion, such as hospitals and abortion facilities.

Further, Section 1(c)(2) the bill clearly states that the prohibition of elective abortion coverage will be applied at the renewal of a contract.  It will therefore not immediately alter any current contracts.

Finally, Louisiana is completely within its power to enact HB 1247.  The McCarran-Ferguson Act of 1945 (15 U.S.C. §§ 1011-1015) gave states the power to regulate the insurance industry, and since then 5 other states (Idaho, Kentucky, Missouri, North Dakota, and Oklahoma) have taken the opportunity to prohibit the insurance coverage of elective abortion within their state.

• Objection: HB 1247 has an exception to prevent the death of the mother; what about providing insurance to abort a child with abnormalities that make the child likely to die during or soon after childbirth?

 Answer:  We certainly feel great sympathy for those undergoing this situation.  However, the psychological stress of carrying a child with fatal abnormalities will not be lessened by an insurance company paying for the woman to abort that child. 

 The 5 States that already ban elective abortion coverage do not pay for aborting children thought to have fatal abnormalities.  Insurance will cover childbirth, and if the unborn child dies in the course of the delivery or shortly thereafter, that is not considered an elective abortion – therefore the usual medical expenses of the childbirth would be covered by insurance.

In addition, because the determination of whether a child will survive outside the womb is not always a black or white issue, a statutory exception for cases of fetal abnormality would have to be written in such a broad manner  that it would open loopholes for almost all abortions to be funded by insurance.

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[i] “Long-Term Physical & Psychological Health Consequences of Induced Abortion: Review of the Evidence,” by J.M. Thorp, Jr., MD, K.E. Hartmann, MD, PhD, and E.M. Shadigian, MD. OB/GYN Survey 58(1): 67-79, 2003.

 The study can be reviewed at www.BDFund.org/abortionhurtswomen.asp, last checked April 19, 2010. This meta-analysis reviewed over 60 international studies and included more than one million women.

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