Lawmakers in Kansas have passed a law that bans insurance companies from providing coverage for elective abortions. The American Civil Liberties Union is challenging this law and contending that it is unconstitutional. Kansas is one of ten states that has passed this type of insurance law.
Earlier this year, the state of Kansas passed a law that prohibits insurance companies from including coverage for abortions in their general health insurance plans. The only exception is if the woman’s life is at risk, and the only way to save her life is for her to have an abortion.
The new law requires individuals who want to have health insurance coverage for abortion to purchase a supplemental policy. Employers who offer health insurance to their employees will be required to exclude coverage for abortion in their health plans.
People who want this coverage for this particular type of medical procedure will need to purchase what has been called an “abortion only” supplemental policy. Employers can also offer it as a “rider” to their employees who wish to pay extra for this type of coverage.
The American Civil Liberties Union (ACLU), is challenging this law. The group has filed a federal lawsuit, and contends that this law is unconstitutional. Kansas is not the only state that has passed laws about “abortion only” insurance. The ACLU has focused on Kansas because it is the first state where the laws take affect.
Primarily, the ACLU feels that the law is unconstitutional because it discriminates against women. This particular law only imposes insurance limits on the health care needs of women. The law does not place similar limits on the health care needs of men. There are no laws in Kansas that prohibit insurance companies from covering any of the health care needs that pertain to men.
The ACLU feels that the state of Kansas has enacted this law specifically as an attempt to make it “more difficult for women to obtain abortion care and to pay for that care”. They feel that this is the primary purpose of the law.
People who are “pro-choice” are against this insurance restriction because it basically requires women to plan ahead just in case a catastrophic event (such as a rape or a medical emergency), happens. There isn’t any way to predict whether or not an individual woman will have those types of unfortunate experiences.
People who are “pro-life” are in support of this law. They feel that the purpose of the law is to “free” businesses from subsidizing a medical procedure that the business owners feel is morally wrong. The law gives employers legal permission to exclude abortion coverage from employer sponsored health insurance plans.
Image by Wesley Fryer on Flickr