2018 INDIANA LEGISLATION
INDIANA LEGISLATIVE SPOTLIGHT
Pro Choice South Bend is actively engaged in legislative activities at the state level.
Bills that could either positively or negatively impact Hoosier families are firmly under the umbrella of reproductive justice and deserve our attention.
We are proud to work with Planned Parenthood Advocates of Indiana and Kentucky and Indy Feminists on legislative updates and actions.
The 2018 General Assembly Session ended on March 14, 2018.
BILLS WE SUPPORTED
CONTRACEPTIVE COVERAGE
Last status: Did not progress
01/03/2018 First reading: referred to Committee on Health and Provider Services
Authored by: Sen. Jean Breaux
BILL DIGEST:
Requires state employee health plans, policies of accident and sickness insurance, and health maintenance organization contracts to provide coverage for contraceptive products and services without cost sharing. Exempts certain policies and contracts sold to certain employers.
CHEERS:
SB151 prevents state contractors from opting out of contraceptive care with few exceptions. Narrowly defines exempt employers as churches or groups controlled by or strongly affiliated with a church.
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CONTRACEPTIVEs
Last status: Did not progress
01/08/2018 First reading: referred to Committee on Insurance
Authored by Rep. Edward DeLaney
BILL DIGEST:
Contraceptives. Requires an insurer that issues a policy of accident and sickness insurance in Indiana to make available coverage for contraception without out-of-pocket costs to women otherwise covered by health plans sponsored by employers or institutions of higher education that are objecting organizations and do not invoke an optional accommodation under federal law. Requires federal or state fund payment to an insurer for out-of-pocket costs that would otherwise apply to the coverage.
CHEERS:
HB1183 places the burden of contraceptive cost coverage on insurance providers instead of patients. Insurance providers would be reimbursed in cases where employers claim exemption from contraceptive coverage.
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URGING SUPPORT OF CHIP RE-AUTHORIZATION
Last status: Withdrawn
Congress restored federal CHIP funding on Jan 22, 2018, four months after the program funding expired
Authored by Sen. Jean Breaux, Sen. Ed Charbonneau, Sen. Vaneta Becker
RESOLUTION DIGEST:
A SENATE RESOLUTION urging the Indiana Congressional Delegation to support the re-authorization of the Children's Health Insurance Program (CHIP).
CHEERS:
CHIP has not been funded since October and over 9 million children are at risk of losing health care. Over 100,000 children in Indiana rely on CHIP coverage, a program that continues to grow. Without federal funds, these children will lose coverage in mid-March. Congress must reauthorize CHIP funding immediately.
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MATERNAL HEALTH COMMITTEES
MATERNAL MORTALITY REVIEW COMMITTEE
Last status: PASSED
03/13/2018 Public Law 48
This law requires "two (2) representatives of community based organizations that focus on maternal health and well-being". We will be watching to ensure community representatives center on marginzalized and vulnerable experiences.
STUDY COMMITTEE ON PREGNANT WOMEN AND HIP
Last status: Did not progress
01/03/2018 First reading: referred to Committee on Health and Provider Services
MATERNAL MORTALITY REVIEW COMMITTEE
Last status: Did not progress
1/09/2018 First reading: referred to Committee on Public Health
HELPFUL LINKS & INFORMATION
BILLS WE OPPOSED
REGULATION OF ABORTION
Last status: PASSED
03/13/2018 Signed by the Speaker
Roll Call 362: yeas 37, nays 9
Authored by Sen. Travis Holdman
LAST BILL DIGEST:
Regulation of abortion and newborn safety devices. Makes various changes to the abortion law concerning abortion clinic license applications, abortion clinic inspections, abortion inducing drugs, abortion complications, the provision of information to a woman seeking an abortion, and the collection of data by the state department of health. [...safe haven additions]
CONCERNS (shared by PPINK Advocates):
Alarmingly, SB340 specially targets abortion care returning to communities by adding new licensure requirements. SB340 makes the application process for an abortion clinic license more difficult by placing arbitrary requirements on abortion providers that are not required by other medical providers to open facilities.
SB340 also requires the state department to inspect abortion clinics at least once per year, inspections were previously at the digression of the ISDH.
At its core, SB340 is another TRAP law mandating personal patient records be collected and sent to the government. This bill creates new mandated reporting on procedure complications that will be complied into a public report and submitted to the CDC. Mandatory state reporting on abortion complications would include any “psychological or emotional complications, including depression, suicidal ideation, anxiety, and sleeping disorders.”
Additionally, SB340 would require all state terminated pregnancy reports to include private medical and demographic data such as material status, education, race, ethnicity, number of live births, number of deceased children, and date of last menses.
The fiscal note on this bill warns of:
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possible lawsuits with legal fees for similar types of cases paid by the state to the ACLU in the amount of $170,342 (2013) and $122,945 (2015)
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the annual loss to the state General Fund of some or all of the $4,500 in abortion clinic license fees
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increase workload related to the Indiana State Department of Health’s (ISDH) until "clinics close"
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CRIMES RESULTING IN THE LOSS OF A FETUS
Last status: PASSED
03/13/2018 Signed by the Speaker
Roll Call 340: yeas 41, nays 8
Authored by Sen. Aaron Freeman, Sen. Erin Houchin, Sen. Eric Koch.
LAST BILL DIGEST:
Crimes resulting in the loss of a fetus. Provides that the crimes of: (1) murder; (2) voluntary manslaughter; (3) involuntary manslaughter; and (4) feticide; may be committed against a fetus in any stage of development. Specifies that the offenses do not apply to a: (1) lawfully performed abortion; or (2) pregnant woman with respect to a fetus carried by the woman. Provides, with certain exceptions, that a person who commits a felony that causes the termination of a pregnancy may receive an additional sentence of six to 20 years.
CONCERNS (shared by Indy Feminists):
SB203 priorities fetal personhood and expands criminal code to support anti-abortion efforts. The bill makes no distinction between a viable and nonviable fetus, as defined by Planned Parenthood v. Casey.
Additionally, the unclear language on this bill could have unforeseen impacts on fertility treatments as fertilized embryos could be considered a protected class.
A previous version of this bill did not make exemptions for pregnant people and potentially criminalized certain pregnancy outcomes. The Senate Committee amended the bill to clarify it would not apply to women who end their pregnancies legally. Sen. Tim Lanane (D-Anderson) was the only committee member to vote nay.
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SB65
INSTRUCTION ON HUMAN SEXUALITY
Last status: PASSED
03/19/2018 Signed by the Speaker
Roll Call 397: yeas 41, nays 8
Authored by
LAST BILL DIGEST:
Instruction on human sexuality. Requires each school corporation to make available for inspection to a parent of a student instructional material used in connection with instruction on human sexuality. Provides that, before a school may provide a student with instruction on human sexuality, the school must provide the parent of the student ...with a written request for consent of instruction. Provides that a consent form provided to a parent of a student or a student must accurately summarize the contents and nature of the instruction on human sexuality that will be provided to the student and indicate that a parent of a student or an adult or emancipated minor student has the right to review and inspect all materials related to the instruction on human sexuality. [...]
CONCERNS:
Original language of this bill targeted the LGBTQIA community by specifically including sexual orientation and gender identity in the scope of human sexuality instruction that requires parental permission.
While the targeted language was removed, the bill still places regulations that further impedes sexually education for youth by requiring parents to opt in and complete paperwork before students can participate. SB65 places further burdens on school corporations to coordinate parental consent before allowing students to learn about sexuality. Students are at risk of missing valuable education on their their bodies and basic human experiences.
Watch the bill's author be confused by the implications of this bill (from Planned Parenthood Advocates of Indiana and Kentucky).
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