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By State Representative Erika Uyterhoeven

I am ecstatic to share that last week we voted on my top priorities for reproductive justice: to both protect and expand access to reproductive healthcare in Massachusetts. I am proud that the House moved so swiftly to put in place these protections only four days after the horrific Supreme Court decision to overturn Roe v. Wade.

Below is a breakdown of House bill H.4930, An Act expanding protection for reproductive rights, why these changes are so important to protect our reproductive rights, and what to keep an eye on from Governor Baker and other Massachusetts Republicans’ efforts to water down access to abortions.

Before diving in, I want to make it abundantly clear: Abortion is still safe and legal in Massachusetts. You can still access abortion care here in Somerville and across the Commonwealth because we have codified the right to abortion in Massachusetts law through the ROE Act. The ROE Act removed all criminalization language and cleaned up the laws on the books since 1974.

Prevent law enforcement from aiding legal action against out-of-state patients

This bill codifies a part of Governor Baker’s executive order which includes shielding any patient from out-of-state extradition requests. As such Massachusetts law enforcement agents cannot assist federal or out-of-state law enforcement agents in the investigation of any of Massachusetts’ legally protected reproductive health care services, including access to abortion. We want to ensure that anyone who travels to Massachusetts to receive basic healthcare that is legal in Massachusetts, can do so.

In response to Texas’ SB8, which deputizes citizens to sue anyone who facilitates an abortion, Massachusetts courts will prohibit Massachusetts residents from giving testimony or providing documents to other state courts in cases concerning legally-protected health care activity. It also allows individuals who are sued under the Texas law (or similar laws) to countersue within three years, and receive full damages if the court rules in their favor.

In summary, interstate extradition would be limited to only apply in situations where the crime being claimed by another state’s authority is also punishable under Massachusetts law. As such, those accessing legal abortions in Massachusetts cannot be extradited.

Protect abortion providers who are providing legal care in Massachusetts

This bill protects providers who perform abortions for any individual from out-of-state, as long as it is lawful under Massachusetts law. As such, health care workers cannot be subjected to criminal or civil liability or professional disciplinary actions for providing services that are in accordance with Massachusetts law. In addition, any provider that faced criminal, civil, or professional discipline out-of-state cannot be refused their licensure in Massachusetts for engaging in health care activities that are legally protected in Massachusetts. Finally, the bill also allows providers to make their home addresses confidential and prohibits licensing boards from disciplining them.

Mandate health insurers to cover abortion and related care & eliminate co-pays

This bill mandates that insurers fully cover abortion and related care. Insurers cannot subject abortion care or services to any deductible, coinsurance, copayments, or any other cost-sharing requirement, and cannot impose undue restrictions or delays in coverage. In addition, coverage must also extend the same benefits to spouses and dependents.

Beyond abortions, this bill requires a statewide standing order for pharmacies to dispense emergency contraceptives. Based on the ACCESS Law, this standing order allows anyone with MassHealth or private insurance to access free emergency contraceptives at a pharmacy. Once this bill becomes law, health insurers will be given six months to implement these changes.

Expand access to abortions after 24 weeks of pregnancy

This bill expands legal access to abortions after 24 weeks in cases of severe or lethal fetal anomaly. It is worth noting, this was a fairly big sticking point when we were debating the ROE Act over 18 months ago, and was one of the reasons Governor Baker put forth to justify vetoing the ROE Act. Ultimately, the ROE Act only allowed for abortions after 24 weeks in cases of lethal fetal anomaly.

Following the implementation of the ROE Act, we discovered that in practice, the condition for only lethal fetal anomaly was too strict, which put many pregnant people in Massachusetts in nightmarish situations which forced them to travel out-of-state for care. This includes Kate Dineen, whose fetus suffered a catastrophic stroke, and in order to receive care, she had to drive 500 miles to a clinic in Maryland, pay $10,000 out of pocket, and then drive back to Boston where she endured 40 hours of labor to deliver a deceased fetus. The need to expand access to abortions in cases of severe anomaly is well laid out by a mother in Ireland who similarly had to travel to France to access an abortion due to the highly restrictive definition of lethal fetal anomaly.

As such, I urge all of us to remain vigilant on Governor Baker’s attempts to veto or amend this aspect of the bill we voted on last week. This is a crucial wrong we must make right for parents who face such devastating health situations that are completely out of their control. We must ensure that our state laws do not impose superfluous barriers to accessing abortions.

I write to you all with immense solidarity for all of the emotions you may be feeling in response to the Supreme Court decision to overturn Roe v. Wade. Whether you’re enraged, fearful, sad, or grieving, these are valid responses to the news that we are entering the post-Roe v. Wade era. I am proud to have voted in favor of H.4930, An Act expanding protection for reproductive rights as a significant step towards reproductive justice for both Massachusetts residents and out-of-state residents seeking basic healthcare.