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Kansas

Insurance Prohibition for Abortion

Does Kansas prohibit private insurance plans from covering abortion services? Yes.  Health-insurance plans, including plans offered in the new state exchange under health-care reform and state employee insurance plans, may not include abortion coverage, with an exception only to save a woman's life.  Abortion coverage may be obtained outside the state exchange only through an optional rider for which an additional premium is paid.  However, nothing in the act requires an insurer to offer such a rider.  Kan. Stat. Ann. § 40-2,190 (Enacted 2011).

The American Civil Liberties Union and the ACLU of Kansas and Western Missouri challenged the constitutionality of the Kansas law in August 2011. Complaint, ACLU of Kansas and Western Missouri v. Praeger, No. 11-CV-2462-WEB-KGG (D. Kan. August 16, 2011). In September 2011, the U.S. District Court denied the plaintiffs' motion for a preliminary injunction. ACLU of Kansas and Western Missouri v. Praeger, No. 11-2462-WEB-KGG (D. Kan. Sept. 29, 2011) (order denying preliminary injunction). Although the court had scheduled a trial for March 2013, the plaintiffs and the state of Kansas agreed to a joint stipulation of dismissal, effectively ending the suit. ACLU of Kansas and Western Missouri v. Praeger, No. 11-CV-2462-JAR-KGG (D. Kan. Mar. 29, 2012) (order denying motion to dismiss).

Does Kansas prohibit plans in its state exchange from covering abortion services?
Yes.  Health-insurance plans, including plans offered in the new state exchange under health-care reform and state employee insurance plans, may not include abortion coverage, with an exception only to save a woman's life.  Abortion coverage may be obtained outside the state exchange only through an optional rider for which an additional premium is paid.  However, nothing in the act requires an insurer to offer such a rider.  Kan. Stat. Ann. § 40-2,190 (Enacted 2011).

The American Civil Liberties Union and the ACLU of Kansas and Western Missouri challenged the constitutionality of the Kansas law in August 2011. Complaint, ACLU of Kansas and Western Missouri v. Praeger, No. 11-CV-2462-WEB-KGG (D. Kan. August 16, 2011). In September 2011, the U.S. District Court denied the plaintiffs' motion for a preliminary injunction. ACLU of Kansas and Western Missouri v. Praeger, No. 11-2462-WEB-KGG (D. Kan. Sept. 29, 2011) (order denying preliminary injunction). Although the court had scheduled a trial for March 2013, the plaintiffs and the state of Kansas agreed to a joint stipulation of dismissal, effectively ending the suit. ACLU of Kansas and Western Missouri v. Praeger, No. 11-CV-2462-JAR-KGG (D. Kan. Mar. 29, 2012) (order denying motion to dismiss).

Does Kansas prohibit insurance plans for public employees from covering abortion services?
Yes.  Health-insurance plans, including plans offered in the new state exchange under health-care reform and state employee insurance plans, may not include abortion coverage, with an exception only to save a woman's life.  Abortion coverage may be obtained outside the state exchange only through an optional rider for which an additional premium is paid.  However, nothing in the act requires an insurer to offer such a rider.  Kan. Stat. Ann. § 40-2,190 (Enacted 2011).

The American Civil Liberties Union and the ACLU of Kansas and Western Missouri challenged the constitutionality of the Kansas law in August 2011. Complaint, ACLU of Kansas and Western Missouri v. Praeger, No. 11-CV-2462-WEB-KGG (D. Kan. August 16, 2011). In September 2011, the U.S. District Court denied the plaintiffs' motion for a preliminary injunction. ACLU of Kansas and Western Missouri v. Praeger, No. 11-2462-WEB-KGG (D. Kan. Sept. 29, 2011) (order denying preliminary injunction). Although the court had scheduled a trial for March 2013, the plaintiffs and the state of Kansas agreed to a joint stipulation of dismissal, effectively ending the suit. ACLU of Kansas and Western Missouri v. Praeger, No. 11-CV-2462-JAR-KGG (D. Kan. Mar. 29, 2012) (order denying motion to dismiss).

Does Kansas prohibit the purchase of extra coverage for abortion services?
No.  Nothing in the law prohibits the purchase of abortion coverage through an optional rider; in theory, women may purchase a separate policy and pay an extra premium to receive abortion coverage.  However, nothing in the act requires an insurer to make such riders available and there is little evidence that insurers offer these products. Kan. Stat. Ann. § 40-2,190 (Enacted 2011).


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