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State Laws

Vermont


Political Information

Executive (Governor)

Pro-choice

Senate

Pro-choice

House

Pro-choice

Abortion-Care Policies

Abortion Providers

Abortion Providers: Expanded Access to Surgical Abortion

There are no provisions in Vermont law that prohibit Nurse Practitioners or Physician’s Assistants from providing surgical abortion. (Letter from State of Vermont, Department of Health to Honroable Fred Upton, Chairman of House Committee on Energy and Commerce)


Abortion Rights

Protections: Freedom of Choice Act (FOCA)

Vermont has created additional protections for reproductive rights by adding an affirmative right to choose into its state law. This law ensures women’s access to pre-viability abortion services and would remain in effect even if Roe v. Wade were overturned.

Additionally, the law recognizes a fundamental right to contraception or sterilization, to carry a pregnancy to term, to give birth to a child, or to have an abortion. The law prohibits public entities from interfering with an individual’s fundamental rights and prohibits state or local law enforcement from prosecuting any individual for inducing, performing, or attempting to induce or perform their own abortion.

"The General Assembly intends this act to safeguard these existing rights to access reproductive health services in Vermont by ensuring those rights are not denied, restricted, or infringed by a governmental entity." (H57, 2019) Vt. Stat. Ann. tit. 18, Pt. 9, Ch. 223, Refs & Annos (Enacted 2019).


Biased Counseling

No state measure.

Mandatory Delays

No state measure.

Insurance Coverage for Abortion

Improves Insurance Coverage of Contraception

Virginia law requires health-insurance plans to cover dispensing of a 12-month supply of prescription contraceptives.

What is required?  Health-insurance plans must cover dispensing of a 12-month supply of self-administered, hormonal, FDA-approved, prescription contraceptives when dispensed or furnished by a provider or pharmacy.

Va. Code Ann. § 38.2-3407.5:2 (Enacted 2017).


Abortion Coverage for Low-Income People

Restricts Low-Income Women’s Access to Abortion

Vermont allows women eligible for state medical assistance for general health care to obtain public funds for medically necessary abortion services.  Vt. Dep’t of Soc. Welfare, PP &; D Memo, Policy Interpretation (Jan. 12, 1994); Vt. Dep’t. of Health Access, Green Mountain Care Provider Manual (Revised Feb. 1, 2019), at http://www.vtmedicaid.com/assets/manuals/VTMedicaidProviderManual.pdf; Vt. Dep’t of Health Access, Abortion Certification, DVHA 219B (Rev. Oct. 2010), at https://dvha.vermont.gov/for-providers/219b-abortion-certification-r10-10-part2.pdf; Doe v. Celani, No. S81-84CnC (Vt. Super. Ct. May, 26, 1986) (invalidating an earlier state regulation as unconstitutional and unenforceable under the Vermont constitution to the extent that the regulation funded only procedures covered by the federal Medicaid program and did not fund all medically necessary abortion services).


Young People & Abortion

No state measure.

Family-Planning Policies

Insurance Coverage & Contraception

Supports Insurance Coverage of Contraception

Vermont law requires health-insurance plans that cover prescription medication to provide equitable coverage for contraception.

What is required?  If a health-insurance plan provides coverage for prescription medication, it must provide coverage for all Food and Drug Administration-approved prescription contraception.  In addition, health-insurance plans must cover outpatient contraceptive services.

To which insurance plans does the law apply?  Individual and group health-insurance plans, hospital or medical service corporation contracts, and health maintenance organization (HMO) contracts, except certain limited benefit plans, that provide coverage for prescription medication.

Does the law provide additional protections for women?  Yes.  Such plans may not impose any financial burden for coverage of contraception greater than those imposed for other treatments, prescriptions, or devices.

Does the law contain a refusal clause, allowing certain employers and/or insurers to refuse to provide or pay for contraceptive coverage?  No.

Vt . Stat. Ann. tit. 8, § 4099c (Enacted 1999).


Improves Insurance Coverage of Contraception

What is required?  Vermont law codifies the Affordable Care Act’s contraceptive-coverage policy by requiring that insurers cover without cost-sharing at least one prescription contraceptive drug, device, or product within each method identified by the Food and Drug Administration to prevent pregnancy. If a prescriber deems a certain contraceptive drug or device medically necessary for a patient, the insurer must cover it without cost-sharing. Insurers must also cover patient education and counseling on contraception, and related services, such as device insertion and removal.

To which insurance plans does the law apply? All individual, group, blanket, hospital or medical service corporation or health maintenance organization subscriber contract, or any other health benefit plans policies, and contracts as of October 1, 2016.

Does the law contain a refusal clause, allowing certain employers and/or insurers to refuse to provide or pay for contraceptive coverage? No.

Has a court considered the constitutionality of this law? No.

8 V.S.A. § 4099c, (Enacted 2016).


Improves Insurance Coverage of Contraception

Vermont law requires health-insurance plans to cover dispensing of a 12-month supply of prescription contraceptives.

What is required?  Health-insurance plans must reimburse providers and pharmacies for dispensing a 12-month supply of contraceptives.

Vt. Stat. Ann. tit. 8, § 4099c (2016); Vt. Stat. Ann. tit. 33, § 1811 (2016).


Improves Insurance Coverage of Contraception

Vermont prohibits most insurers from imposing any cost-sharing on at least one product in each FDA-approved contraceptive method. 8 V.S.A. § 4099c, (Enacted 2016).


Contraception Coverage for Low-Income People

Improves Insurance Coverage of Contraception

Vermont law requires Medicaid plans to cover dispensing a 12-month supply of FDA-approved contraceptives.

8 V.S.A. § 4099c, (Enacted 2016).


Emergency Contraception

No state measure.

Other Important Issues

Clinic Protections

No state measure.

Refusals & Guarantees

No state measure.

Counseling & Referral Bans

No state measure.

Everyone should be able to decide if, when, how, and with whom they start or grow a family.

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