Bills adding more abortion protections pass through Illinois State Capitol

SPRINGFIELD, Ill. (WCIA) – Illinois is often called a safe haven when it comes to abortion, and bills in the Capitol are looking to add more protections.

One is in response to another abortion case before the U.S. Supreme Court, this time involving an Idaho law allowing a patient to get an abortion if their life – not their health – is at risk.

Abortion rights advocates say it could impact federal law around patients who have medical emergencies.

“We don’t know the outcome of the litigation yet, but there is a fear of what this might entail in terms of the health care treatment of pregnant people that are in crisis,” State Sen. Celina Villanueva (D-Chicago), the bill’s Senate sponsor, testified before a Senate committee Thursday.

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The Emergency Medical Treatment and Active Labor Act (EMTALA), requires doctors to stabilize and treat any patient who comes to the emergency room seeking care. That means doing a medical exam. And if they don’t have the resources to do so, they must transfer the patient somewhere else once they’ve confirmed another hospital can care for them.

A bill in the Capitol aims to make sure those protections remain in place in Illinois regardless of what the Supreme Court rules.

“We need to codify this into law because as we know, unfortunately, we cannot trust certain situations and certain decisions that are coming out of the Supreme Court, as we saw with the Dobbs decision,” Villanueva said.

The proposal passed out of committee along party lines and awaits further action in the Senate, but it faced opposition from anti-abortion groups who say the federal law protects care for “unborn children.”

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“[He] feels that it would add confusion for hospitals and medical personnel as to whether to offer abortion when the usual prescribed medical treatment has helped pregnant women,” said Ralph Rivera with Illinois Right to Life Action during that same committee hearing, citing an obstetrician and gynecologist who practices in Illinois. “A number of the hospitals and medical personnel may offer an abortion just to avoid possible lawsuits.”

Another bill involves the lieutenant governor’s birth equity initiative. It requires private insurance companies to cover services provided by doulas and midwives for pregnancy, postpartum and newborn care.

“We should be in the business of saving people’s lives and not in the business of determining whether or not this person gets access to health care and this person doesn’t,” State Sen. Lakesia Collins (D-Chicago), said Thursday during floor debate on the bill.

The proposal passed out of the Senate and awaits further action in the House. The measure also provides abortion care coverage without limits like waiting periods or deductibles, leading to pushback from Republicans. State Sen. Jil Tracy (R-Quincy), argued that the bill makes patients pay co-pays for giving birth and for people who experience a miscarriage, but not for patients seeking an abortion.

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“Why do we think it’s so wise in the state of Illinois,” Tracy said. “Granted, I’ve heard all about protecting reproductive rights, but you have no co-pay.”

A third bill would prevent someone’s reproductive healthcare records from being subject to a public records request.

Under the proposal, local governments also wouldn’t be able to take legal action against a patient or provider who gets reproductive or gender affirming care in Illinois.

The bill also passed the Senate Thursday and now heads to the governor’s desk.

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