Right to bodily autonomy, elimination of certain abortion-related regulations, and coverage of abortion under certain health care coverage plans. (FE)

Under current law, the state is required to offer to all of its employees at least 2 insured or uninsured health care coverage plans. Further, under current law, certain employers including counties, villages, towns, school districts, and other governmental units or instrumentalities other than the state may offer to all of its employees a health care coverage plan through a program offered by the Group Insurance Board. Current law prohibits these plans from providing coverage for abortion or services the funding for which is ineligible under current law. The bill repeals these restrictions and instead requires coverage of abortion and any other medical services necessary to provide abortion under these health coverage plans if the health care coverage plan provides maternity coverage.

The bill also repeals other various abortion-related laws, including all of the following:

1. The bill eliminates the prohibition on giving a woman an abortion-inducing drug unless the physician who provided the drug for the woman performs a physical exam on the woman and is physically present in the room when the drug is given to the woman.

2. The bill eliminates the prohibition on coverage of abortions by qualified health plans offered through an exchange in this state.

3. The bill eliminates the prohibition on performing abortions by a physician that does not have admitting privileges in a hospital within 30 miles of the location where the abortion is to be performed. This statute was previously held to be unenforceable by the U.S. Court of Appeals for the 7th Circuit in Planned Parenthood of Wis., Inc. v. Schimel , 806 F.3d 908 (7th Cir. 2015), which affirmed a permanent injunction granted by the U.S. District Court for the Western District of Wisconsin.

4. The bill repeals a statute that provides that any person, other than the mother, who intentionally destroys the life of an unborn child may be fined not more than $10,000, imprisoned for not more than six years, or both. “Unborn child” is defined in the statute as a human being from the time of conception until born alive. The statute also provides that any person, other than the mother, who intentionally destroys the life of an unborn quick child or causes the mother’s death by an act done with intent to destroy the life of an unborn child may be fined not more than $50,000, imprisoned for not more than 15 years, or both. None of these penalties apply to a therapeutic abortion that is performed by a physician; is necessary, or advised by two other physicians as necessary, to save the life of the mother; and, unless an emergency prevents, is performed in a licensed maternity hospital. This statute was previously held to be unenforceable. It was cited in Roe v. Wade , 410 U.S. 113 (1973), as similar to a Texas statute that was held to violate the due process clause of the 14th Amendment to the U.S. Constitution. The unenforceability of the statute following the Roe v. Wade decision was noted in a subsequent decision by a federal district court, Larkin v. McCann , 368 F. Supp. 1352 (E.D. Wis. 1974). In June 2022, the U.S. Supreme Court overturned the Roe v. Wade decision in Dobbs v. Jackson Women’s Health Org.

, 142 S. Ct. 2228 (2022). Litigation concerning the status of the statute is currently pending in state court. In December 2023, the Dane County Circuit Court issued a decision and order declaring that the statute “does not apply to abortions.” Kaul v. Urmanski , No. 22-CV-1594, slip op. at 14 (Wis. Dane Cnty. Cir. Ct. Dec. 5, 2023). An appeal is pending before the Wisconsin Supreme Court. See Kaul v. Urmanski , No. 2023AP002362 (Wis. July 2, 2024) (order granting a petition to bypass the court of appeals). The Wisconsin Supreme Court has also granted a petition for leave to commence an original action regarding whether the state constitution protects a right to receive an abortion and a right for physicians to provide abortions. See Planned Parenthood of Wisconsin v. Urmanski , No. 2024AP000330 (Wis. July 2, 2024) (order granting leave to commence an original action); see Petition to Wis. S. Ct. to Take Jurisdiction of an Original Action, Planned Parenthood of Wisconsin v. Urmanski , No. 2024AP000330 (Wis. filed Feb. 22, 2024).

The bill also repeals the criminal penalty on a person who is not a physician and who intentionally performs an abortion. The bill does not affect any other criminal prohibition or limitation on abortion in current law, such as the general prohibition on performing an abortion after the fetus or unborn child has reached viability, or any other homicide prohibition. The bill also does not affect a separate provision in current law that prohibits prosecution of and imposing or enforcing a fine or imprisonment against a woman who obtains an abortion or otherwise violates any abortion law with respect to her unborn child or fetus.