The House of Representatives began voting Tuesday on nearly a dozen abortion bills, but the governor’s proposed expansion was not among them and it is unclear when it will be taken up.
House Democrats voted down Republican-backed bills to restrict abortion access by prohibiting the use of public funds for abortion services, prohibiting abortions for minors without parental consent, and prohibiting physicians from prescribing abortion-inducing drugs through telehealth.
A tall stack of folders containing transcripts of all the public testimony over a bill that would expand abortion rights sits on the desk of a member of the Judiciary Committee at the State House on June 8. Gregory Rec/Staff Photographer
But two insurance-related bills were given initial approval: Portland Democratic Rep. Matt Moonen’s bill to eliminate applying deductibles and co-pays for abortion services, and Hodgdon Republican Rep. Tracy Quint’s bill to require insurance to cover a second opinion if an abortion is recommended for health or safety reasons.
Two other Democrat-backed bills were also given initial approval: One would prohibit towns and cities from enacting their own abortion rules and laws, known as preempting the field; and another that would provide some legal protection to Maine abortion providers who treat patients from states with anti-abortion bans.
Rep. Amy Kuhn, D-Falmouth, said Maine abortion providers need legal protections when they provide services to patients from states that have imposed abortion restrictions and bans since the U.S. Supreme Court overturned Roe. v. Wade last year. Her bill would prohibit insurance companies from denying malpractice insurance based solely on performing abortions.
“This patchwork of state laws has created uncertainty for providers and patients in every state,” Kuhn said. “States have also across the country introduced bills targeting medical professionals providing this care, including civil and criminal penalties. There’s no reason to think this might not be the next tactic to shut down providers.”
All of the bills face additional votes.
The votes did not come as a surprise, since Democrats control the House and Senate. They were taken after little discussion – an indication that both sides are keeping their powder dry for what is expected to be a contentious and emotional debate over Gov. Janet Mills’ proposal to allow more abortions after fetal viability, generally around 24 weeks.
Maine currently allows abortions after fetal viability when the health or life of the mother is at risk. Mills has proposed allowing abortions at any time during a pregnancy if it’s deemed necessary by a physician.
The governor’s proposal, L.D. 1619, was co-signed by a majority of Democratic lawmakers in both chambers, signaling near-certain passage. It has catalyzed both anti-abortion and prochoice advocates alike, with both having a heavy presence in the hallways of the State House in the closing days of the session, when the bills can be taken up at any time and with little notice.
Rep. Reagan Paul, R-Winterport, said she opposed MaineCare funding for abortions, saying President Biden once opposed public funding for abortion as a senator. She also spoke in support of her bill to prohibit doctors from prescribing abortion drugs over the internet and by mail.
Paul framed chemically induced abortions as a plot by the abortion industry to pad its profits.
“In addition to being a profitable new product, telehealth, mail-order, at-home, do-it-yourself, chemical abortions are easier for the industry to push,” Paul said.
Paul said 28 women have died undergoing at-home procedures – though the Maine Medical Association noted that figure was a small fraction of the total number of procedures and urged lawmakers to leave these decisions to women and their doctors.
Rep. Josh Morris, R-North Turner, spoke against Moonen’s bill, which would provide first-dollar coverage of abortion services by prohibiting co-pays, co-insurance and deductibles. Morris tried unsuccessfully to kick the proposal back to a legislative committee so its costs and impact on private insurers could be studied by the insurance bureau.
“This bill did not have that (mandated study),” Morris said.
The House also killed two Republican bills that would change the state’s informed consent law, which requires certain information be provided to people considering an abortion. The commissioner of the Department of Health and Human Services opposed both bills.
“Both of these bills seek to limit access to a safe, legal, routine medical procedure that Maine people should be able to access when determined by themselves and their doctor,” DHHS Commissioner Jeanne Lambrew said in written testimony. “For these reasons, the Department is opposed, and we urge the Committee to vote ought not to pass.
Abortion has taken center stage, here and nationally, since the U.S. Supreme Court overturned Roe v. Wade, which had granted women a constitutional right to an abortion for the last five decades.
The decision has led to a wave of abortion restrictions in Republican-held states, while states like Maine are considering bills to expand access and protect providers.
Public hearings on abortion bills have drawn some of the largest crowds this session, with the hearing on Mills’ proposal, L.D. 1619, lasting about 19 hours.
The Judiciary Committee voted 8-5 along party lines on June 9 to advance an amended version to the House. However, the bill is still sitting in committee and it’s unclear when it will come to the floor.
Lawmakers are hoping to adjourn Wednesday – though they will likely remain in session all week given the amount of work still to be done.
Since last year’s Supreme Court decision, 13 states have banned abortion, according to the Guttmacher Institute, a research and policy organization seeking to advance reproductive rights, while other states have instituted bans of the procedure prior to fetal viability, including some that ban it after only six weeks.
If Mills’ bill passes, Maine will join seven other states that allow later-in-pregnancy abortions for reasons other than a mother’s imminent medical risk.
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