03/15/2013 01:30 PM Senate JUDICIARY

          SB  49-MEDICAID PAYMENT FOR ABORTIONS; TERMS                                                                      
                                                                                                                                
2:32:37 PM                                                                                                                    
CHAIR COGHILL announced  the consideration of SB  49, relating to                                                               
Medicaid  funding   for  abortions.  [SSSB  49   was  before  the                                                               
committee.]  He noted  that there  had been  extensive discussion                                                               
and debate on the legislation.  Finding no further discussion, he                                                               
solicited a motion.                                                                                                             
                                                                                                                                
2:33:05 PM                                                                                                                    
SENATOR  DYSON moved  to  report [SSSB]  49  from committee  with                                                               
individual recommendations and attached fiscal note(s).                                                                         
                                                                                                                                
CHAIR COGHILL asked if there was objection.                                                                                     
                                                                                                                                
2:33:21 PM                                                                                                                    
SENATOR WIELECHOWSKI said  he was not going to  support the bill,                                                               
but  wouldn't object  to it  moving  because he  could count  the                                                               
votes. However,  he wanted  to state a  few important  things for                                                               
the record.                                                                                                                     
                                                                                                                                
He  said  he  commends  the  intent to  decrease  the  number  of                                                               
abortions, but he  didn't believe the bill was  necessary at this                                                               
time.  During   the  last  hearing,   the  commissioner   of  the                                                               
Department of  Health and Social  Services (DHSS)  testified that                                                               
the department spent considerable time  and heard from nearly 500                                                               
people  to come  to  resolution  on how  to  deal with  medically                                                               
necessary on the issue of abortions.  To that end, DHSS put a new                                                               
regulation  in place  that requires  doctors to  certify that  an                                                               
abortion is medically necessary in  order to get funding from the                                                               
state.                                                                                                                          
                                                                                                                                
SENATOR WIELECHOWSKI pointed out  that the Parnell Administration                                                               
had  the ability  to define  the term  but instead  chose to  use                                                               
certification  from the  doctor. He  said he  believes that  DHSS                                                               
chose  to  do  it  that way  to  avoid  constitutional  problems.                                                               
Providing   a    definition   the   way   the    bill   does   is                                                               
unconstitutional. Over  the years the  court has  repeatedly said                                                               
that women  who seek  an abortion  cannot be  treated differently                                                               
than  women  who  seek   childbirth.  Treating  them  differently                                                               
creates an equal protection issue.                                                                                              
                                                                                                                                
He predicted that  if SB 49 passes, the litigation  costs will be                                                               
high  and the  court will  ultimately find  that it  violates the                                                               
constitution. He  suggested that the  better course of  action is                                                               
to give  the new DHSS regulation  time to work. He  noted that it                                                               
is a constitutional regulation, whereas SB 49 is not.                                                                           
                                                                                                                                
2:36:07 PM                                                                                                                    
CHAIR COGHILL clarified that the  regulation says [the state will                                                               
pay for]  medically necessary abortions  and the problem  is that                                                               
there  is no  definition for  what  is elective.  With regard  to                                                               
constitutionality,   he   said   he    believes   the   bill   is                                                               
constitutional  because it  is  based on  a  standard of  neutral                                                               
criteria. He said he understands  that Planned Parenthood intends                                                               
to challenge the  legislation should it pass, but  he believes it                                                               
brings clarity.                                                                                                                 
                                                                                                                                
2:37:24 PM                                                                                                                    
CHAIR COGHILL  found no  further comments  and no  objection, and                                                               
announced  that  [SSSB]  49  moves   from  the  Senate  Judiciary                                                               
Standing Committee.