States are required to provide public funding through the state`s Medicaid program for abortions required by life-threatening, rape or incest. States may also provide public funding to cover all or most medically necessary abortion treatments for Medicaid recipients. Delaware allows abortion by fetal viability (24-26 weeks). Medicaid coverage is prohibited and minors must obtain parental consent. Amid a series of anti-LGBTQI+ laws, some states have enacted or amended existing laws to explicitly state that people of all genders are protected by law when accessing reproductive health care. Research shows that LGBTQ+ people have increased barriers to adequate, comprehensive and affordable care, including reproductive health care such as abortion and fertility treatments. Inclusive legal language, coupled with protection from discrimination for health care in general, can help prevent misinterpretations by providers and insurers that create barriers to care. But to be clear, legal protections that use the term „women” should not prevent people of all gender identities who may become pregnant from receiving comprehensive and affordable reproductive care services. Abortion will remain legal in the remaining 27 states, although the laws of those states are not uniform. Illinois abortion laws allow the procedure until fetal viability (24-26 weeks), and Medicaid covers abortion. In 2022, the Parental Abortion Notification Act (NAP) was repealed and replaced by the Youth Health and Safety Act, which affirms the right of minors to make reproductive health decisions without notifying an adult family member. Abortions are permitted throughout pregnancy, although this policy is not specifically protected by state laws. The state Supreme Court has recognized the right to abortion in the state constitution.
In 2019, Rhode Island codified abortion rights with the passage of the Reproductive Privacy Act. Oregon protects abortion rights through state laws. There are no restrictions on gestational age. Medicaid covers abortion and private health insurance is required to cover it. Abortion is completely banned in Idaho after the fall of Roe due to a trigger ban. In 2021, Governor Brad Little signed HB366, which requires doctors to look for fetal cardiac activity and prohibits abortion if cardiac activity is detected, except in a medical emergency. The Idaho Supreme Court will review the constitutionality of the ban. In addition, Medicaid does not cover abortion and minors must obtain parental consent. These laws are generally interpreted generously to allow abortion in various circumstances.
These countries often take into account a woman`s actual or reasonably foreseeable environment and her social or economic situation when considering the potential effects of pregnancy and childbirth. According to the Guttmacher Institute, there were only four abortion clinics in Louisiana in 2020, and 94 percent of counties did not have abortion clinics. In 2021, Governor Greg Gianforte signed three bills restricting abortion: HB136 bans abortion at 20 weeks, HB140 requires doctors to offer patients the opportunity to see an ultrasound and hear a fetal heartbeat before an abortion, and HB171 adds regulations on how drug-induced abortions can be administered. such as the requirement that the drugs used in the procedure are provided by a qualified physician. All these measures are temporarily blocked by the courts. A state law banning abortions after six weeks was ordered in a ruling currently pending in the 11th District Court of Appeals. States may require state-regulated private health insurance policies to include certain benefits, including abortion coverage. Abortions are temporarily legal until the 20th week of probable gestational age. Prior to the ban, lawmakers introduced what`s known as a „born alive” law that addresses an extremely rare event in which a baby is born alive during a failed abortion attempt. By law, abortion providers should care for babies who survive an abortion.
Failure to do so would be a crime punishable by up to six years in prison, and health care providers could serve a life sentence. During the 2021-2022 legislative period, Republicans attempted to pass a „heartbeat law” modeled after Texas` SB8. „It`s going to be a nightmare,” Donley said. „Literally, all I do all day is think about abortion law. It`s my only job. And there are questions I can`t answer. » laws prohibiting abortion before viability; these laws were unconstitutional under Roe. Gestational age is counted in weeks from the last menstrual cycle (LMP) or fertilization.
Laws modeled on Texas SB 8, the self-defense justice law that went into effect in September 2021. These laws prohibit abortion at an early gestational age and are enforced through private rights of action that allow members of the public to sue abortion providers and those who help others access abortion care. The state has also banned abortions after six weeks of pregnancy – with exceptions for rape, incest and to save a pregnant person`s life – enforced by a private right of action.