Insurance-exchange abortion ban falls shy in House panel

— A House panel narrowly defeated legislation Tuesday that aims to prohibit insurance policies on the state’s insurance exchange from offering abortion coverage.

After an hour of spirited debate, the 10-7 tally failed by one vote to reach the necessary 11 votes to clear the House Public Health, Welfare and Labor Committee. Three Republicans - Stephanie Malone of Fort Smith, Kim Hammer of Benton and David Branscum of Marshall- missed the meeting.

Rep. Butch Wilkins sponsored the bill, which aimed to block abortion coverage - except with a special rider - from the insurance exchange, a marketplace for health coverage created by the federal Affordable Care Act in 2010 to begin coverage in 2014.

“I feel like taxpayer money shouldn’t be used for it,” said Wilkins, D-Bono.

The American Civil Liberties Union and other abortion-rights advocates opposed the bill, arguing that insurance companies didn’t typically offer “riders” or special policies for abortion. By prohibiting coverage onthe exchange, women would effectively lose the ability to purchase abortion coverage in the private market, they said.

Bettina Brownstein, an attorney representing the state chapter of the ACLU, suggested that her organization might fight the legislation incourt if it was enacted into law.

“The ACLU [and others] are committed to challenging any law that is passed that we believe is unconstitutional,” said Brownstein.

The ACLU has sued Kansas for enacting a similar law in federal court. A decision is expected this year.

Emotions occasionally flared during the meeting.

Rep. Andy Mayberry, RHensley, sparred with Victoria Leigh, a Little Rock lawyer testifying against the legislation. The exchange ended with Leigh asking if she “was missing something” in Mayberry’s line of questioning.

“I think you’re missing quite a bit, but that’s OK,” he said.

Lawmakers need to remember that they are in the “people’s House,” said Rep. Fredrick Love, D-Little Rock.

“People who testify needto be treated with more respect than I’m seeing right now,” Love said.

Politicians who ran on “pro-life” stances should remember who voted them into office, said Nancy Emmons, a Hot Springs Village anti-abortion activist.

“This is not a frivolous thing,” Emmons said. “We do not want to pay for a woman’s abortion.”

“Pro-life” is a misleading label that polarizes the debate, said Rep. Greg Leding, D-Fayetteville.

“Will the pro-death or anti-life members please raise their hand,” Leding asked his colleagues.

Leigh said she wanted private coverage of abortion in case something went wrong in a future pregnancy. Wilkins’ bill doesn’t contain exemptions for fetal anomalies or the health of the mother, she said.

A 1988 state constitutional amendment prohibits the use of state funds to pay for an abortion, except to save themother’s life.

The new health-care law also contains limits on abortion coverage, requiring policies offered by exchanges to separate funds used for abortion services from other funds. Consumers who buy a plan with abortion coverage have to make separate premium payments that aren’t funded by federal exchange subsidies, according to exchange officials.

“The bill is unnecessary,” Brownstein said.

The exchange’s federal subsidies apply to people making up to 400 percent of poverty or $92,200 for a family of four. Arkansas exchange officials estimate that about 211,000 people will sign up with the state’s exchange when enrollment begins inOctober. Coverage begins in January 2014.

State Insurance Commissioner Jay Bradford said he didn’t think insurance companies were likely to offer “riders” for abortion.

“I don’t think it would bea viable market,” Bradford said. “People don’t plan these events.”

Eighteen states have passed laws prohibiting abortion coverage on their exchanges, including Louisiana, Mississippi, Oklahoma, Missouri and Tennessee, according to NARAL Pro-Choice American, an abortion-rights group in Washington, D.C.

After the meeting, Rep. David Meeks, R-Conway, tweeted: “There were a couple legislators missing who would have voted yes on HB1100. Get everyone here and it will pass.”

Wilkins said he would run the bill again.

Front Section, Pages 1 on 01/30/2013

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