Enhanced Abortion Insurance Opt-Out Penalties
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S.B. 114 – Sen. Lana Theis |
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Current Status S.B. 114 was introduced on March 1, and was referred to the Senate Government Operations Committee. Description S.B. 114 increases the fine for violating the Abortion Insurance Opt-Out Act from a $10,000.00 fine to $25,000.00 per violation. Background With the addition of section 28 of article I to the Michigan constitution (otherwise known as Prop 3) a new right to “reproductive freedom” was created. One of the sections of prop 3 states that, “the state shall not discriminate in the protection or enforcement of this fundamental right.” Though there is no specific mention of the use of insurance for an abortion in the language of the constitution, many pro-abortion lawmakers have indicated a desire to repeal this law as they think it is a discrimination not to offer abortions paid by health insurance policies. Polls consistently show that a majority of people across Michigan and the United States do not want to pay for other women’s abortions even if they think abortion should be legal. Increasing the fines through S.B. 114 is a way to demonstrate a commitment to the people of Michigan to hold to current law even with prop 3 in the Michigan constitution. History Due to the ACA (Obamacare) mandate requiring everyone to pay for health insurance, there was concern that employees would be forced to help finance abortion in their employee or ACA healthcare exchange insurance policies. Bills to remove built in abortion coverage from health insurance plans were introduced, but Gov. Snyder vetoed the bills on the basis that it did not have an exception for cases of rape and that the policy excessively intruded on the private insurance market. In response to the veto, Right to Life of Michigan organized a citizen-initiated petition. The signatures were certified by the State Board of Canvassers on Dec. 2, 2013, placing the initiative before the legislature (referred to as Initiated Legislation 1). The Michigan House and Senate simultaneously took up the initiated legislation on Dec. 11, 2013. The House approved the measure by a vote of 62-47; the Senate vote was 27-11 in favor. As the measure did not require the Governor’s signature, it became law upon approval by the legislature and is now known as Public Act 182 of 2013. |