JUNEAU, Alaska — A bill introduced Monday in the Alaska Senate would define “medically necessary” abortions as those needed to avoid serious risk to a woman’s life or physical health.
The measure, from Senate Majority Leader John Coghill, pertains to which abortions Alaska must pay for under the state Medicaid program. The bill calls for the Department of Health and Social Services to not pay for abortion services under the program unless those abortions are medically necessary or the pregnancy was the result of rape or incest and the rape or incest was “promptly reported” to law enforcement or public health authorities. Payment would not be allowed for “elective” abortions.
The Alaska Supreme Court has held that the state must fund medically necessary abortions if it funds other procedures deemed medically necessary for people in need. However, a legislative legal opinion requested by Sen. Hollis French last year said it’s not clear what makes an abortion medically necessary, and that it’s likely only further litigation would provide greater clarity.
The opinion stemmed from proposed state regulations of abortion payments. The department had proposed that for an abortion provider to be eligible for payment under Medicaid, the invoice must come with a certificate saying the procedure was medically necessary because the health of the woman was endangered by the pregnancy. Commissioner Bill Streur said his department did not intend to restrict the definition of a medically necessary abortion – a concern that had been raised. The regulations ultimately adopted did not further define the term.
Coghill, R-North Pole, has long been outspoken in his anti-abortion views. But he said his bill, SB49, also speaks to concerns about what is expected to be an increasingly tight state budget. He said the court left legislators to decide what is medically necessary.
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