ACCESS TO CONTRACEPTION AND ABORTION IN ILLINOIS

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1 ACCESS TO CONTRACEPTION AND ABORTION IN ILLINOIS October 7, 2015 Kathy Waligora, EverThrive Illinois Mara Gandal-Powers, National Women s Law Center Lorie Chaiten, ACLU of Illinois

2 Welcome! Goals for today: REVIEW policy successes regarding contraception and abortion since the original summit IDENTIFY opportunities to become involved in efforts to advance access to family planning services

3 Housekeeping We will answer as many questions during the webinar as possible. A recorded copy of the webinar will be posted on EverThrive IL s website in the coming days: starting-strong-webinars

4 FEDERAL UPDATE Mara Gandal- Powers, Counsel National Women s Law Center October 2015

5 FEDERAL LEGISLATIVE ACTIVIT Y Legislative attacks on Planned Parenthood and abortion providers Federal Budget Proactive Legislative Activity EACH Woman Act allaboveall.org NEW video Women s Health Protection Act National Defense Authorization Act (NDAA)

6 FEDERAL ADMINISTRATIVE ACTIVIT Y April 2015 reports on ACA coverage violations May 2015 HHS/DOL/Treasury Guidance on the Preventive Services (FAQs XXVI) Administration finalized the post-hobby Lobby regulations creating a for-profit accommodation Continuing advocacy related to contraception Regulations implementing 1557 of ACA Waiver/exception process

7 FAQs about the health care law s birth control coverage requirement What plans are and are not allowed to do around cost-sharing How to find out if a plan should be covering birth control without costsharing Appeal letters for insurance companies: instructions and sample letters COVERHER HOTLINE

8 UPCOMING SUPREME COURT ACTIVIT Y Contraceptive Coverage Cases Challenging the non-profit accommodation 7 Circuits ruled against the non-profits, 8 th Circuit found for the nonprofits Cert petition from the 10 th Circuit case (Little Sisters of the Poor) is with SCOTUS; DOJ filed brief last week asking SCOTUS to consider the issue but that the DC Circuit case (Roman Catholic Archbishop of Washington v. Burwell) was most appropriate to consider Abortion Cases Whole Women s Health v. Cole (Texas, ambulatory surgical center and admitting privileges requirements) Jackson Women s Health Org. v. Currier (Mississippi, admitting privileges requirement)

9 State Update Lorie Chaiten Director, Reproductive Rights Project ACLU of Illinois

10 Current focus on budget impasse OVERVIEW Challenging political environment affecting ability to move initiatives forward Moving legislative efforts forward

11 Problem: Health Care Right of Conscience Act Senate Bill 1564 Solution: Senate Bill 1564 amends the HCRCA Incorporates patient protections into the Act

12 Main opposition to the bill State Medical Society Catholic Health Association Catholic Conference Senate Bill 1564 Support Illinois ACOG Illinois Academy of Family Physicians Many others Compelling use of patient stories and press coverage Mindy Swank Angela Valavanis

13 Passed out of Senate in March of 2015 Senate Bill 1564 Negotiated amendment to bring main opponents to neutral Ensures patients get standard of care information Requires transfer, referral OR information about others who might be able to step in and provide information and care Continuing Opposition Crisis Pregnancy Centers AUL and other abortion opponents

14 Senate Bill 1564 Passed House Committee and is ripe for a vote on the House Floor

15 What next? Senate Bill 1564 Help us collect more stories Visit:

16 House Bill 4013 Problem: Abortion discriminatory language in Illinois Public Aid Code Failure of Illinois Medicaid program to fulfill the promise of covering all medically necessary abortions Inadequate reimbursement rates and timing Legislative Step: Amend to remove abortion discriminatory language Additional advocacy needed: Need to clarify patient rights under Medicaid program Need to improve reimbursement rates and timing

17 House Bill 4013 Removes abortion discriminatory language from Illinois Public Aid Code Passed out of House Committee What next?

18 Illinois does not restrict abortion coverage in private plans Private Insurance Challenges Private insurance companies voluntarily importing Hyde restrictions Illinois EHB Benchmark Plan

19 MONITORING AND IMPLEMENTATION Kathy Waligora, EverThrive Illinois

20 Protecting Privacy PROBLEM Explanations of Benefits (EOB) may compromise right to privacy for dependents SOLUTION Legislation which suppresses the sending of an EOB for sensitive services Family planning services Mental health care Substance abuse services

21 Protecting Privacy Medicaid managed care HB2812 ensures that Medicaid health plans do not send EOBs for sensitive services Approved by General Assembly and signed into law by Governor Rauner Private health insurance Legislation introduced in 2014 session

22 Medicaid Coverage of Contraception Illinois Family Planning Action Plan (IFPAP) GOAL: Increase access to family planning service for women and men in the Medicaid program by providing comprehensive and continuous coverage to ensure that every pregnancy is a planned pregnancy Reimbursement Research Communication

23 Medicaid Coverage of Contraception Working with Medicaid plans Changes to policies and reimbursement Provider notice on 11/10/14 outlining increased reimbursement for certain services Provider notice on 06/30/15 implementing policy change allowing immediate post-partum LARC placement

24 Medicaid Coverage of Contraception

25 Monitoring Private Coverage Evaluated coverage of contraception and abortion coverage in plans available through the health insurance Marketplace Assessed transparency regarding benefits Discussed coverage policies and consumer education with carriers Released a report which analyzed findings and issued recommendations for improving coverage

26 Monitoring Private Coverage Nearly all plans are compliant with ACA requirement for contraceptive coverage as clarified by HHS in May 5 of 8 carriers restrict abortion coverage to instances of rape, incest, or threat to the life of the woman Access to information regarding family planning services and clarity of that information varies across plans Information regarding waiver processes is nearly impossible to find

27 Eliminating Barriers to Coverage If you have knowledge of a woman who was unable to review insurance coverage (either public or private) and/or received partial coverage for contraception and/or abortion services WE WANT TO HEAR FROM YOU! Looking for specific examples of barriers to contraception and abortion experienced by women in IL Stories collected will be added to a database No personally identifiable information is required to share a story You should share stories from your recollection and do not need to consult medical records If you have a story to share, Kathy Waligora, kwaligora@everthriveil.org

28 Questions? Kathy Waligora EverThrive Illinois **Remember slides and a recording will be shared on the EverThrive IL website in the coming days

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