[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 758 Introduced in Senate (IS)]

<DOC>






116th CONGRESS
  1st Session
                                 S. 758

 To ensure affordable abortion coverage and care for every woman, and 
                          for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 12, 2019

 Ms. Duckworth (for herself, Mrs. Murray, Ms. Hirono, Ms. Harris, Mrs. 
  Shaheen, Mrs. Gillibrand, Mr. Blumenthal, Mr. Wyden, Ms. Smith, Ms. 
Rosen, and Ms. Klobuchar) introduced the following bill; which was read 
 twice and referred to the Committee on Health, Education, Labor, and 
                                Pensions

_______________________________________________________________________

                                 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 2019''.

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 person 
        regardless of actual or perceived race, color, national origin, 
        immigration status, sex (including sexual orientation, gender 
        identity, pregnancy, childbirth, a medical condition relating 
        to pregnancy or childbirth, or sex stereotyping), age, or 
        disability status.
            (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, affecting 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 2017, 55 percent lived in 
        the 35 States and the District of Columbia that do not cover 
        abortion, except in limited circumstances. This amounts to 
        roughly 7.3 million women of reproductive age, including 3.1 
        million women living below the Federal poverty level. Women of 
        color are disproportionately likely to be insured by the 
        Medicaid program: Nationwide, 32 percent of Black women and 27 
        percent of Hispanic women aged 15-44 were enrolled in Medicaid 
        in 2017, compared with 16 percent of White women.
            (5) Moreover, 26 States also prohibit abortion coverage in 
        private insurance plans within or beyond health insurance 
        marketplaces under the Patient Protection and Affordable Care 
        Act.
            (6) Restrictions on abortion coverage interfere with a 
        woman's personal decision making, 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. 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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