Insurance Prohibition for Abortion

FEDERAL EMPLOYEES

Every year since 1995, Congress has passed a spending bill that contains language barring federal employees from choosing a health plan that provides insurance coverage for abortion.  The only exception is when the life of the woman would be endangered if the pregnancy were carried to term or where the pregnancy is the result of rape or incest.  Making further continuing appropriations for the fiscal year 2007, and for other purposes, H.R.J. Res. 102, 109th Cong. (2006) (signed by President Bush); Transportation, Treasury, Housing and Urban Development, the Judiciary, The District of Columbia, and Independent Agencies Appropriations Act, 2006, Pub. L. No. 109-115, 119 Stat. 2396 (2005).

Retired and current military personnel and their dependents are also prohibited from obtaining coverage for abortion care through military health plans, even if a pregnancy resulted from an act of rape or incest.  The plans only allow a narrow exception for abortion coverage where the life of the woman would be endangered if the pregnancy were carried to term.  10 U.S.C.A. § 1093(a) (Enacted 1984).  See also 32 C.F.R. § 199.4(e)(2) (Department of Defense's Civilian Health and Medical Program of the Uniformed Services (CHAMPUS)); 32 C.F.R. § 728.31(d)(9) (Department of the Navy, Retired Members and Dependents of the Uniformed Services); 38 C.F.R. § 17.272(a)(67) (Civilian Health and Medical Program of the Department of Veterans Affairs (CHAMPVA)); 38 C.F.R. § 17.38(c)(1) (Department of Veterans Affairs Medical Enrollment Provisions and Medical Benefits Package).

NON-FEDERAL EMPLOYEES

Health insurance plans for non-federal employees are not required to provide coverage for abortion care except where the life of the woman is endangered. 42 U.S.C.A. § 2000e(k) (Original Statute Enacted 1964; Relevant Provision Enacted 1978).  If an employer decides to cover the cost of abortion, it must do so in the same manner and to the same degree that it covers other medical conditions.  29 C.F.R. Pt.1604, App. (EEOC Guidelines) (Q & A 35, 37).

Although an employer's insurance plan is not required to cover the cost of abortion care (except in the case of life endangerment), any other medically related fringe benefits, such as sick leave, which are provided for other medical conditions, must also be provided for abortion care.  29 C.F.R. Pt.1604, App. (EEOC Guidelines) (Q & A 35).