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.