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
- 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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Joseph O’Riordan, Jesse Salvato, Stephen Wong