Lawmakers debate bill to limit insurance coverage for abortions

Senators began debate March 1 on a bill that would limit health insurance coverage for abortions in Nebraska.

The federal Patient Protection and Affordable Care Act allows each state to opt out of offering abortion coverage through qualified health plans offered in the act under a health insurance exchange.

LB22, introduced by Omaha Sen. Beau McCoy, would opt out of allowing health insurance plans operating under an exchange to cover abortions unless necessary to prevent the death of a woman or to treat medical complications arising from an abortion.

Additionally, the bill would prohibit private health insurance policies in the state from providing coverage for an abortion, except through an optional rider paid for solely by the insured. A health insurance plan issuer would be prohibited from providing any incentive or discount to an individual who chooses abortion coverage via a rider.

McCoy said Nebraskans who object to abortion on moral grounds should not have to contribute to an insurance premium pool that covers the procedure.

“Nebraska has a long history of not allowing taxpayer dollars to be used for abortions and we’re extending that to private insurance,” he said. “Our premium dollars go into a pool and that is why private insurance is included in this [bill].”

Omaha Sen. Jeremy Nordquist supported LB22, saying it reflects the state’s values.

“I think it’s a policy that the majority of Nebraskans support,” he said.

Omaha Sen. Brenda Council spoke in opposition to the bill. She said allowing an individual to purchase a rider to cover a potential future abortion would create different levels of insurance coverage and inconsistent public policy.

“I think that flies squarely in the face of the professed desire of this [Legislature] to reduce or prevent abortions,” Council said.

Lincoln Sen. Danielle Conrad also opposed the bill, in part, because it provides no exception for cases of rape or incest. Medicaid coverage provides exceptions in those two cases, she said, but LB22 is more prohibitive.

“I think [the bill] sets up an inequity and disparity based on socioeconomic status,” Conrad said. “It may provoke some equal protection challenges.”

Malcolm Sen. Ken Haar offered an amendment that would have allowed abortion coverage in cases of rape or incest. Calling failure to provide an exception “enormously callous,” Haar said the bill as written would compound the traumatic impact on a woman who became pregnant as a result of either crime.

“This seems so obvious to me,” he said.

Lexington Sen. John Wightman supported the Haar amendment, saying a law without such an exception lacks empathy.

“I think it’s a reasonable exception,” he said.

The Haar amendment failed on a 12-28 vote.

A pending Conrad amendment would require qualified health insurance plans to cover preventative reproductive health services, including contraception.

“The one area where we should have common ground is prevention and education,” Conrad said. “If we’re serious about reducing abortion in Nebraska then we must focus on some of those common sense policies.”

McCoy offered an amendment, adopted 36-2, which removed some intent language from the bill.

The Legislature adjourned for the day before taking further action on the bill.