Contents of Obamacare - Part 3 - Abortion

Abortion: Obamacare is neutral on abortions in the sense that it adds no new federal requirements to cover abortions but does not disallow the coverage of abortions if no federal funds or federal risk is required for the coverage. However, it leans towards abortion in that it requires at least one plan in a state exchange to cover abortions and also requires at least one plan in a state exchange to refrain from covering abortions. Obamacare divides abortions into two subgroups: 1.) those for which federal funding is illegal as of 6 months prior to the start of the calendar year for the insurance plan, and 2.) those for which federal funding is allowed per the law as of 6 months prior to the start of the calendar year for the insurance plan. The states may cover abortions from the first subgroup (no federal funds allowed) but the law prohibits the federal government from providing any funding or accepting any insurance risk for such coverage. Effect of Obamacare of State and Federal Abortion Laws: The law attempts to have no indirect effect of its own on other abortion laws. In regards to the states, the law declares “Nothing in this Act shall be construed to preempt or otherwise have any effect on State laws regarding the prohibition of (or requirement of) coverage, funding, or procedural requirements on abortions, including parental notification or consent for the performance of abortion on a minor.” In regards to federal law, the statue declares, “Nothing in this Act shall be construed to have any effect on Federal laws regarding conscience protection, willingness or refusal to provide abortions, or discrimination on the basis of the willingness or refusal to provide, pay for, cover or refer for abortion or to provide or participate in training to provide abortion." In regards to Civil Rights law, the statute declares “Nothing…shall alter the rights and obligations of employees and employers under title VII of the Civil Rights Act of 1964."