Banking Commerce and Insurance

Elective abortions would not be covered under state health insurance exchanges

The Banking, Commerce and Insurance Committee heard testimony Feb. 15 on two bills that would opt out of allowing health insurance plans that cover abortions.

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.

LB132, introduced by Fullerton Sen. Annette Dubas, would opt out of allowing elective abortion coverage in state insurance exchanges created under the act.

The bill would not apply to an abortion that is performed when the life of the mother is endangered by a physical disorder, illness or injury or a life-endangering physical condition caused by the pregnancy itself.

Many Nebraskans have strong feelings about protecting the sanctity of life and are concerned about potential health risks to mothers who have elective abortions, Dubas said.

“I think that having tax dollars involved with providing abortions is something that would provide concern,” she said.

LB22, introduced by Omaha Sen. Beau McCoy, also would opt out of allowing health insurance plans operating under health insurance exchanges to cover elective abortions unless necessary to prevent the death of the woman.

Additionally, LB22 would prohibit private health insurance policies in the state from providing coverage for an elective abortion, except through an optional rider paid for solely by the insured.

“Nebraskans who morally reject abortion should not have to pay for elected abortions,” McCoy said.

Dave Bydalek, executive director of Family First, testified in support of both bills, saying the U.S. Supreme Court has determined that states are able to make their own decisions about funding abortions.

Through existing statute, Bydalek said, Nebraska has favored the life of the unborn child whenever possible.

“The bills provide the vehicles needed to ensure that Nebraskans will not have to pay for abortions,” he said.

Karen Bowling, associate director of the Nebraska Family Council, testified in support of LB22, saying that Nebraska continues to be a pro-life state.

Most Nebraskans do not want abortion covered in health care exchanges, Bowling said. By prohibiting private insurance companies in the state from covering elective abortions, she said, LB22 would ensure that Nebraskans are not indirectly funding abortions.

Alan Peterson, an attorney for the ACLU, testified in opposition to the bills.

“We oppose these two bills because it appears that they try to create additional and substantial barriers between individual people and their families and something that they have a constitutional right to choose,” Peterson said.

The committee took no immediate action on the bill.

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