[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 771 Introduced in House (IH)]
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115th CONGRESS
1st Session
H. R. 771
To ensure affordable abortion coverage and care for every woman, and
for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 31, 2017
Ms. Lee (for herself, Ms. Schakowsky, Ms. Clark of Massachusetts, Mr.
Connolly, Miss Rice of New York, Mr. Cummings, Mr. Meeks, Mr. Grijalva,
Ms. Moore, Mr. Smith of Washington, Ms. Norton, Ms. Bonamici, Mr.
Foster, Mr. Moulton, Mr. Quigley, Ms. Wasserman Schultz, Ms. McCollum,
Ms. Pingree, Mr. Capuano, Mr. Kildee, Mrs. Carolyn B. Maloney of New
York, Ms. Clarke of New York, Mr. Yarmuth, Mr. Nadler, Mrs. Napolitano,
Mr. Ryan of Ohio, Ms. Meng, Ms. Michelle Lujan Grisham of New Mexico,
Mr. Ellison, Mr. Lowenthal, Mr. O'Rourke, Mr. Price of North Carolina,
Mr. Takano, Ms. DeGette, Mr. Deutch, Mr. Schiff, Ms. DelBene, Mr.
Norcross, Mr. Gutierrez, Ms. DeLauro, Mrs. Watson Coleman, Mr. Welch,
Mr. Lewis of Georgia, Ms. Brownley of California, Mr. Cicilline, Mr.
Blumenauer, Ms. Titus, Ms. Castor of Florida, Ms. Speier, Mr. Serrano,
Mr. Ted Lieu of California, Mr. Engel, Ms. Slaughter, Ms. Matsui, Mr.
Tonko, Mr. Aguilar, Mr. Clay, Mr. Scott of Virginia, Ms. Frankel of
Florida, Mr. Veasey, Mr. Cardenas, Mr. Danny K. Davis of Illinois, Mr.
Kennedy, Mr. McGovern, Ms. Sanchez, Ms. Judy Chu of California, Mr.
Cohen, Mr. Conyers, Mr. Beyer, Mr. Perlmutter, Ms. Adams, Ms. Jayapal,
Mr. Swalwell of California, Ms. Lofgren, Mr. Heck, Mrs. Lowey, Mr.
Hastings, Mr. Bera, Mr. Doggett, Mrs. Lawrence, Mr. Richmond, Ms.
Wilson of Florida, Mr. Keating, Mrs. Beatty, Mr. Payne, Mr. Thompson of
California, Mr. Schneider, Mrs. Davis of California, Mr. Huffman, Mr.
Sean Patrick Maloney of New York, Ms. Kelly of Illinois, Mr. Khanna,
Ms. Tsongas, Mr. McNerney, Mr. Butterfield, Mr. Pocan, Ms. Esty, Mr.
Gallego, Mr. Pallone, Ms. Eddie Bernice Johnson of Texas, Ms. Fudge,
Mr. Evans, Mr. Peters, and Mrs. Torres) 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
Government 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 committee concerned
_______________________________________________________________________
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 Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Equal Access to Abortion Coverage in
Health Insurance (EACH Woman) Act of 2017''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Affordable, comprehensive health insurance that
includes coverage for a full range of pregnancy-related care,
including abortion, is critical to the health of every woman.
(2) Neither a woman's income level nor her type of
insurance should prevent her from having access to a full range
of pregnancy-related care, including abortion services.
(3) No woman should have the decision to have, or not to
have, an abortion made for her based on her ability or
inability to afford the procedure.
(4) Since 1976, the Federal Government has withheld funds
for abortion coverage in most circumstances. As a 2017 analysis
by the Guttmacher Institute shows, this affects women of
reproductive age in the United States who are insured through
the Medicaid program, as well as women who receive insurance or
care through other Federal health plans and programs. Of women
aged 15-44 enrolled in Medicaid in 2015, 58 percent lived in
the 35 States and the District of Columbia that do not cover
abortion, except in limited circumstances. This amounts to
roughly 7.5 million women of reproductive age, including 3.5
million women living below the Federal poverty level. Women of
color are disproportionately likely to be insured by the
Medicaid program: Nationwide, 31 percent of Black women and 27
percent of Hispanic women aged 15-44 were enrolled in Medicaid
in 2015, compared with 15 percent of White women.
(5) Moreover, 25 States also prohibit abortion coverage in
private insurance plans within or beyond health insurance
marketplaces under the Patient Protection and Affordable Care
Act, according to an analysis of State policies by the
Guttmacher Institute.
(6) A report by the Center for Reproductive Rights details
how restrictions on abortion coverage interfere with a woman's
personal decisionmaking, with her health and well-being, and
with her constitutionally protected right to a safe and legal
medical procedure.
(7) Restrictions on abortion coverage have a
disproportionate impact on low-income women, women of color,
immigrant women, and young women, according to reports by both
the Center for American Progress and the Guttmacher Institute.
Also according to the reports, these women are already
disadvantaged in their access to the resources, information,
and services necessary to prevent an unintended pregnancy or to
carry a healthy pregnancy to term.
SEC. 3. ABORTION COVERAGE AND CARE REGARDLESS OF INCOME OR SOURCE OF
INSURANCE.
(a) Ensuring Abortion Coverage and Care Through the Federal
Government in Its Role as an Insurer, Employer, or Health Care
Provider.--The Federal Government shall--
(1) ensure coverage for abortion care in public health
insurance programs including Medicaid, Medicare, and the
Children's Health Insurance Program;
(2) in its role as an employer or health plan sponsor,
ensure coverage for abortion care for participants and
beneficiaries; and
(3) in its role as a provider of health services, ensure
abortion care is made available to individuals who are eligible
to receive services in its own facilities or in facilities with
which it contracts to provide medical care.
(b) Prohibiting Restrictions on Private Insurance Coverage of
Abortion Care.--
(1) Federal restrictions.--The Federal Government shall not
prohibit, restrict, or otherwise inhibit insurance coverage of
abortion care by State or local government or by private health
plans.
(2) State and local government restrictions.--State and
local governments shall not prohibit, restrict, or otherwise
inhibit insurance coverage of abortion care by private health
plans.
SEC. 4. SENSE OF CONGRESS.
It is the sense of the Congress that--
(1) the Federal Government, acting in its capacity as an
insurer, employer, or health care provider, should serve as a
model for the Nation to ensure coverage of abortion care; and
(2) moreover, restrictions on coverage of abortion care in
the private insurance market must end.
SEC. 5. RULE OF CONSTRUCTION.
Nothing in this Act shall be construed to have any effect on any
Federal, State, or local law that includes more protections for
abortion coverage or care than those set forth in this Act.
SEC. 6. SEVERABILITY.
If any portion of this Act or the application thereof to any person
or circumstances is held invalid, such invalidity shall not affect the
portions or applications of this Act which can be given effect without
the invalid portion or application.
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