Session: State Capitol, Room 104 Juneau, AK 99801-1182 Phone: (907) 465-2199 Fax: (907) 465-4587 Interim: 10928 Eagle River Rd., Suite 140 Eagle River, AK 99577 Phone: (907) 694-6683 Fax: (907) 694-1015

Sponsor Statement for HB 522
Medicaid Payments for Abortion

An Act relating to medical services under the state Medicaid program.

HB 522 serves to implement the recent Alaska Supreme Court opinion State of Alaska v. Planned Parenthood of Alaska, 28 P.3d 904 (Alaska 2001), by authorizing the Department of Health and Human Services, under the Medicaid program, to pay for medically necessary abortions.

The Supreme Court has made clear that Roe v. Wade did not declare an unqualified constitutional right to abortion that would include funding for abortions that are not medically necessary. Further, the court stated that the right recognized in Roe; "implies no limitation on the authority of the State to make a value judgment favoring childbirth over abortion, and to implement that judgment by the allocation of public funds" (Maher v. Roe 432 US 453, 473 (1977).

Given that there is no blanket right to funding, the intent of HB 522 is to define the parameters to be used in determining when it is appropriate for Health and Social Services to pay for abortions under the State Medicaid program. HB 522 would allow payment only for abortions that are medically necessary or to terminate a pregnancy resulting from rape or incest. The bill defines the term "medically necessary abortion" broadly enough to cover those situations where an abortion is medically necessary yet narrowly enough to prevent fraud or abuse. The bill aims to ensure that funds appropriated to provide health care to indigent Alaskans are being used for that purpose and not to fund abortions on demand. In the same way, a majority of Alaskans agree that it is inappropriate to use taxpayer funds to provide elective abortions.

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