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Abortion Legislation Moves To Clarify Current Law, Improve Accountability And Safety

By Brigid Curtis Ayer Statehouse Coorespondent For Indiana's Catholic Newspapers
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Indianapolis— The 2014 Indiana General Assembly is considering three bills to clarify laws affecting abortions in Indiana.  The Indiana Catholic Conference supports the legislation.

House Bill 1123 would prohibit elective abortion coverage in standard health insurance plans. Senate Bill 292 would change Indiana abortion law to enhance information for follow-up care. Senate Bill 228 urges Legislative Council to begin a study committee to examine the issue of coerced abortion.

House Bill 1123 author Rep. Jeffrey Thompson, R-Lizton, explained that the bill would make Indiana’s law uniform regarding elective abortion coverage. Currently, this prohibition is in effect for policies purchased as part of the Exchange or the Affordable Care Act. Under the bill, abortion coverage would be covered in a health policy only in cases of rape or incest or if necessary to avert death or substantial and irreversible impairment of major bodily functions of the pregnant woman.

 “Unless we bring further clarity to this issue, what’s going to happen is that private health insurers will be required to cover abortion,” said Thompson. “Some private insurance companies should not be forced to do so because of religious beliefs.”

Glenn Tebbe, Indiana Catholic Conference executive director said, “The bill is a positive step because it will allow persons whose company plan now includes elective abortion coverage to know that their premiums will no longer support abortion. It also may have the effect of reducing abortions.”

Testimony indicated that if a person wanted to have coverage of elective abortion, it would have to be purchased as a separate rider. 

House Bill 1123 was approved with bi-partisan support from the House Insurance Committee 11 – 1, and was approved by the full House by a vote of 80-14, on Jan. 24. The House proposal now moves to the Senate for further consideration.

Senate Bill 292, authored by Sen. John Waterman, R-Shelburn, requires an abortion provider to provide an emergency telephone number where the post-abortive mother could call 24 hours a day seven days a week for medical follow-up care. It also requires a name and telephone number of a hospital where the abortion doctor has medical admitting privileges. The abortion doctor’s admitting privileges must be in writing and kept on file at the abortion clinic and a copy on file at the state department of health.

Current law requires abortion doctors to have hospital admitting privileges in the county or adjacent counties that the abortion is performed, but the privileges do not need to be documented in writing.

The Indiana Catholic Conference supports the bill as a clarification in the law.

Cindy Noe, representing Indiana Right to Life said Senate Bill 292 focuses on women’s health, and making sure a woman who has had an abortion procedure and needs some follow up of a medical nature has “full knowledge” of where to go and how to get that follow-up. “We ask that those women get this information twice,” Noe said. She explained that current practice of admitting privileges have not as effective because the privileges were not in writing. Noe noted that no one is keeping track of whether abortion doctors have admitting privileges, or if they have a back-up doctor.

Liz Carroll, Vice President for Patient services for Planned Parenthood of Indiana and Kentucky, said, “A first-trimester abortion procedure is one of the safest medical procedures a woman can have.” Carroll, who testified in opposition to the legislation, said they have concerns about requiring abortion doctors to give their admitting privileges in advance of the abortion.  They also had concerns with the requirement of making the back-up physicians name made available to the state department of health for fear the information would be made public.

Senate Bill 228 author Sen. Jim Tomes, R-Wadesville, explained that the study committee the measure creates would determine the illegality of coerced abortion; and the obligations of healthcare workers to notify patients of the illegality of coerced abortions or report them when it occurs.

Tebbe, who testified in support of the bill said, “We support the idea of a study to find out if coerced abortion is happening.“

 Noe, who supported the bill, said that many of the specific questions about coerced abortion are unknown, but we do know that “it flies under the radar.” Noe said the study committee would provide “an in depth, well-rounded approach to fill in some blanks to out what is going on.” Betty Cockrum, CEO of Planned Parenthood, also supported the legislation.

Tebbe said Feb. 3 that he expects Senate Bill 292 to pass the Senate. However, he said Senate Bill 228 was likely to fail because some language in the bill was too broad and there wasn't enough time to revise it properly this year.

House bills cross over to the Senate beginning Feb. 4, and Senate bills cross over to the House beginning Feb. 6.  The process begins again in the second chamber with a first reading of the bill. It continues with a hearing; a second reading where the bill can be amended; and by a third reading for a final vote.