II 

116TH CONGRESS 

1ST SESSION S. 758 

To ensure affordable abortion coverage and care for every woman, and for 

other purposes. 

IN THE SENATE OF THE UNITED STATES 

MARCH 12, 2019 

Ms. DUCKWORTH (for herself, Mrs. MURRAY, Ms. HIRONO, Ms. HARRIS, Mrs. 

SHAHEEN, Mrs. GILLIBRAND, Mr. BLUMENTHAL, Mr. WYDEN, Ms. 

SMITH, Ms. ROSEN, and Ms. KLOBUCHAR) introduced the following bill; 

which was read twice and referred to the Committee on Health, Education, Labor, and Pensions 

A BILL 

To ensure affordable abortion coverage and care for every 

woman, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Equal Access to Abor5 tion Coverage in Health Insurance (EACH Woman) Act 

6 of 2019’’. 

7 SEC. 2. FINDINGS. 

8 Congress makes the following findings: 


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1 (1) Affordable, comprehensive health insurance 

2 that includes coverage for a full range of pregnancy3 related care, including abortion, is critical to the 

4 health of every person regardless of actual or per5 ceived race, color, national origin, immigration sta6 tus, sex (including sexual orientation, gender iden7 tity, pregnancy, childbirth, a medical condition relat8 ing to pregnancy or childbirth, or sex stereotyping), 

9 age, or disability status. 

10 (2) Neither a woman’s income level nor her 

11 type of insurance should prevent her from having ac12 cess to a full range of pregnancy-related care, in13 cluding abortion services. 

14 (3) No woman should have the decision to have, 

15 or not to have, an abortion made for her based on 

16 her ability or inability to afford the procedure. 

17 (4) Since 1976, the Federal Government has 

18 withheld funds for abortion coverage in most cir19 cumstances, affecting women of reproductive age in 

20 the United States who are insured through the Med21 icaid program, as well as women who receive insur22 ance or care through other Federal health plans and 

23 programs. Of women aged 15–44 enrolled in Med24 icaid in 2017, 55 percent lived in the 35 States and 

25 the District of Columbia that do not cover abortion, 


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1 except in limited circumstances. This amounts to 

2 roughly 7.3 million women of reproductive age, in3 cluding 3.1 million women living below the Federal 

4 poverty level. Women of color are disproportionately 

5 likely to be insured by the Medicaid program: Na6 tionwide, 32 percent of Black women and 27 percent 

7 of Hispanic women aged 15–44 were enrolled in 

8 Medicaid in 2017, compared with 16 percent of 

9 White women. 

10 (5) Moreover, 26 States also prohibit abortion 

11 coverage in private insurance plans within or beyond 

12 health insurance marketplaces under the Patient 

13 Protection and Affordable Care Act. 

14 (6) Restrictions on abortion coverage interfere 

15 with a woman’s personal decision making, with her 

16 health and well-being, and with her constitutionally 

17 protected right to a safe and legal medical proce18 dure. 

19 (7) Restrictions on abortion coverage have a 

20 disproportionate impact on low-income women, 

21 women of color, immigrant women, and young 

22 women. These women are already disadvantaged in 

23 their access to the resources, information, and serv24 ices necessary to prevent an unintended pregnancy 

25 or to carry a healthy pregnancy to term. 


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1 SEC. 3. ABORTION COVERAGE AND CARE REGARDLESS OF 

2 INCOME OR SOURCE OF INSURANCE. 

3 (a) ENSURING ABORTION COVERAGE AND CARE

4 THROUGH THE FEDERAL GOVERNMENT IN ITS ROLE AS

5 AN INSURER, EMPLOYER, OR HEALTH CARE PRO6 VIDER.—The Federal Government shall— 

7 (1) ensure coverage for abortion care in public 

8 health insurance programs including Medicaid, 

9 Medicare, and the Children’s Health Insurance Pro10 gram; 

11 (2) in its role as an employer or health plan 

12 sponsor, ensure coverage for abortion care for par13 ticipants and beneficiaries; and 

14 (3) in its role as a provider of health services, 

15 ensure abortion care is made available to individuals 

16 who are eligible to receive services in its own facili17 ties or in facilities with which it contracts to provide 

18 medical care. 

19 (b) PROHIBITING RESTRICTIONS ON PRIVATE INSUR20 ANCE COVERAGE OF ABORTION CARE.— 

21 (1) FEDERAL RESTRICTIONS.—The Federal 

22 Government shall not prohibit, restrict, or otherwise 

23 inhibit insurance coverage of abortion care by State 

24 or local government or by private health plans. 

25 (2) STATE AND LOCAL GOVERNMENT RESTRIC26 TIONS.—State and local governments shall not proVerDate Sep 11 2014 23:06 Mar 22, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S758.IS S758

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1 hibit, restrict, or otherwise inhibit insurance cov2 erage of abortion care by private health plans. 

3 SEC. 4. SENSE OF CONGRESS. 

4 It is the sense of the Congress that— 

5 (1) the Federal Government, acting in its ca6 pacity as an insurer, employer, or health care pro7 vider, should serve as a model for the Nation to en8 sure coverage of abortion care; and 

9 (2) moreover, restrictions on coverage of abor10 tion care in the private insurance market must end. 

11 SEC. 5. RULE OF CONSTRUCTION. 

12 Nothing in this Act shall be construed to have any 

13 effect on any Federal, State, or local law that includes 

14 more protections for abortion coverage or care than those 

15 set forth in this Act. 

16 SEC. 6. SEVERABILITY. 

17 If any portion of this Act or the application thereof 

18 to any person or circumstances is held invalid, such inva19 lidity shall not affect the portions or applications of this 

20 Act which can be given effect without the invalid portion 

21 or application. 

Æ 


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