Texas ‘rape insurance’ bill similar to Kansas legislation

Gov. Sam Brownback and anti-abortion legislators in Kansas have new evidence they don't play second fiddle to Texas lawmakers.

Those in power at the Capitol in Topeka years ago wrapped their arms around legislation prohibiting insurance companies from automatically covering abortions in their health plans, except to save the life of a mother.

Abortions for medical emergencies will remain a feature of general policies in Texas, but there is to be no exemption for pregnancies resulting from rape or incest in the Lone Star State, leading critics of the law to refer to the rider policies as "rape insurance."

"This bill prohibits insurance providers from forcing Texas policyholders to subsidize elective abortions," Abbott said.

He could have been channeling Brownback, who also forbid the state's Medicaid program from financing abortions.

"There are a number of people that do not believe it is appropriate to use taxpayer dollars for abortion," said Brownback, who has signed nearly 20 anti-abortion bills. "There are a number of people, they don't want it in their insurance policy that they are paying for."

During House debate on the subject in 2011, Rep. Pet DeGraaf, R-Mulvane, went toe-to-toe with Rep. Barbara Bollier, R-Mission Hills. Bollier objected to DeGraaf's plan to allow insurance coverage of abortions to preserve the life of the mother, but block coverage of abortions in the instances of incest or rape.

"I don't think the rest of society should have to pay for abortions," DeGraaf said. "There are plenty of insurance companies that want to make money."

"So," Bollier said, "women need to plan ahead for issues that they have no control over with pregnancy?"

"I have a spare tire in my car. I also have life insurance. I have a lot of things that I plan ahead for," DeGraaf said.

To irritate DeGraaf, Bollier offered an amendment requiring smokers to buy supplemental insurance for treatment of heart disease, emphysema and other ailments tied to tobacco consumption. Rep. Ann Mah, D-Topeka, added to the commotion with an amendment mandating men to purchase special insurance riders to pay for treatment of erectile dysfunction.

In 2010, a version of the insurance-rider bill that included exemptions for incest, rape and to save the life of the woman also stirred lively commentary.

Rep. Virgil Peck, R-Tyro , said it would be appropriate for Kansas to adopt a version of the bill allowing abortions to be covered by insurance only if the woman had reported a rape to law enforcement.

"Creating a separate rider system will effectively eliminate all insurance coverage for abortion care in Kansas, even in circumstances of the health of the mother and tragic fetal indications, which I have no doubt is the intended, though unspoken, goal of this legislation," said Sarah Gillooly, who was a lobbyist with Planned Parenthood of Kansas.

Credit: By Tim Carpenter [email protected]