Back to Insights and Updates for ProvidersMarch 2023

Abortion and abortion-related care update

Massachusetts products

As a reminder, effective Jan. 1, 2023, the Reproduction and Gender-Affirming Care Act expands legal protections for practitioners providing services related to pregnancy terminations and gender-affirming care within the state of Massachusetts. Additionally, the law requires coverage of abortion and related services without cost share (including deductibles, co-insurance, copayments, and any other cost sharing requirement).

The Division of Insurance (DOI) recently issued new guidance to define abortion and abortion-related care for the purpose of this legislation:

  • Abortion: Any medical treatment intended to induce the termination of, or to terminate, a clinically diagnosable pregnancy except for the purpose of producing a live birth; provided, however, that abortion shall not include providing care related to a miscarriage.
  • Abortion-related care:
    • Pre-operative evaluation and examination
    • Pre-operative counseling
    • Laboratory services, including pregnancy testing, blood type, and Rh factor
    • Rh (D) immune globulin (human)
    • Anesthesia (general or local)
    • Post-operative care
    • Follow-up
    • Advice on contraception or referral to family planning services

Please refer to the DOI’s Bulletin 2023-01 Relative to Abortion and Abortion-related Care for more information.

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