Indiana Omnibus Abortion Bill (HEA 1210)

SUMMARY

This bill is an omnibus abortion bill that contains multiple abortion restrictions, including (1) a funding restriction provision aimed at defunding Planned Parenthood; (2) a 20-week abortion ban; (3) informed consent/speech-and-display requirements (ultrasound); (4) admitting privileges requirements; (5) health-care reform abortion coverage restrictions; (6) parental consent requirements; and (7) reporting requirements.

Funding Restrictions

Bans state agencies from entering into contracts with or making grants to any entity that performs abortions or “operates a facility where abortions are performed that involves the expenditure of state funds or federal funds administered by the state.” This provision is specifically aimed at defunding Planned Parenthood.

This provision was blocked in Planned Parenthood of Indiana v. Commissioner of Indiana Department of Health.

20-Week Abortion Ban

Bans abortion at the earlier of viability of the fetus or 20 weeks of post-fertilization age unless “the abortion is necessary to prevent a substantial permanent impairment of the life or physical health of the pregnant woman.”

The purpose of the 20-week ban is to protect Indiana’s compelling interest in “protecting the life of a fetus from the state at which substantial medical evidence indicates that the fetus is capable of feeling pain.”

The bill includes legislative findings based on junk science that a fetus can feel pain at 20 weeks.

TRAP Provisions

• Admitting Privileges: A physician performing an abortion must have admitting privileges at a hospital located in the county where abortions are provided or a contiguous county; or must have entered into an agreement with a physician who has admitting privileges at a hospital in the county or contiguous county concerning the management of possible complications of the services provided.
• Physician Contact: Physicians required to notify patient of location of a hospital at which the physician or a physician with whom the physician has entered into an agreement has admitting privileges and where the patient can get follow-up care if complications arise.

Physician Reporting Requirements

Abortion providers are required to report to the department of health: (1) The post-fertilization age of the fetus, how it was determined, and if it was not determined, why not; (2) If the post-fertilization age is 20 weeks or more and an abortion was performed, whether the method performed provided the best opportunity for the fetus to survive; and (3) the medical basis for the determination that an abortion was required to avert the death or serious impairment to the pregnant woman.

Reporting Requirements

By June 30 of each year, the state health department still issued a public report providing statistics compiled from all the reports provided by physicians.

Insurance Coverage

A health plan offered under the Affordable Care Act is prohibited from providing coverage for abortion except in cases of rape or incest, or if an abortion is necessary to avert the pregnant woman’s death or a substantial and irreversible impairment of a major bodily function of the pregnant woman.

Parental Consent

Amends parental consent provisions to provide that a person with financial interest in woman obtaining an abortion cannot petition the court for waiver of parental consent to abortion.

Codified at I.C. § 16-34-2. 

People

Legal Cases

• Whole Woman's Health Alliance v. Hill