S 3452 New Jersey Senate · 2024-2025 Regular Session

Requires health insurance and Medicaid coverage for family planning and reproductive health care services; prohibits adverse actions by medical malpractice insurers in relation to performance of legally protected health care services.*

This bill requires all health insurance plans and Medicaid in New Jersey to cover abortion services without cost-sharing (such as deductibles, copays, or coinsurance) for all individuals in the state. It applies to all health insurance carriers, state health benefit programs, and Medicaid, with limited exceptions for religious employers who request exclusions based on religious beliefs. The bill also prohibits medical malpractice insurers from taking adverse actions against providers who offer legally protected reproductive health care services, even if the patient is from a state where those services are illegal. It defines "abortion" as medical treatment to terminate a pregnancy (including medication and aspiration methods) and aims to remove financial barriers to access, particularly benefiting low-income individuals and other groups facing disproportionate access challenges.
Sub-Topics: Women's Health
Bill status passed 3 of 5 stages cleared
Introduction
Jun 2024
Committee Review
Jun 2024
Senate Passage
Jun 2024
General Assembly Passage
Governor
Introduced Jun 17, 2024 Last action Jun 28, 2024
Maddy AI version diff · 1 comparison

What changed between versions

Introduced Version Reprint SBA 6/24/24 1R · 7 edits
MODERATE
The bill was significantly broadened from requiring insurance coverage specifically for abortion to requiring coverage for a new category called 'family planning and reproductive health care services,' which includes abortion, emergency maternal/newborn services, family planning counseling, lab tests (including genetic testing), inpatient hospital care during pregnancy and postpartum, and well-baby care. A cost-sharing exception was added allowing out-of-network charges for certain services, and the religious employer exclusion mechanism was replaced with a reference to the existing 2021 statutory framework rather than creating a new one.
Scope change
The bill's scope expanded substantially from a narrow focus on abortion coverage to a comprehensive 'family planning and reproductive health care services' category that includes prenatal care, postpartum care, newborn care, genetic testing, contraception counseling, and emergency maternal services, in addition to abortion. The religious employer exemption framework was also changed from a new bill-specific mechanism to reliance on the existing 2021 statutory provision.
DEFINITION

A new definition of 'family planning and reproductive health care services' was added in section 2, covering six categories: abortion, emergency maternal/newborn services, family planning counseling (contraception, pregnancy detection, options counseling), family planning lab tests including genetic testing and genetic counselor visits, inpatient hospital/laboratory/ultrasound services for pregnancy and postpartum care and newborns, and well-baby medical care. Childbirth is explicitly excluded.

SCOPE

All coverage requirements (private insurance, State Health Benefits Commission, School Employees' Health Benefits Commission, and Medicaid) were expanded from requiring coverage for 'abortion' to requiring coverage for the broader 'family planning and reproductive health care services' category.

A new legislative finding (paragraph h) was added stating that individuals' ability to choose family size and timing of children leads to lower infant and child mortality rates, improved economic conditions for women and families, and enhanced maternal health.

REQUIREMENT

A new cost-sharing exception was added: carriers may impose deductibles, coinsurance, or copayments for family planning lab tests (paragraph 4) and inpatient hospital/laboratory/ultrasound services (paragraph 5) if those services are provided by an out-of-network provider. This applies across all insurance tiers including Medicaid.

ELIGIBILITY

The religious employer exclusion provision was replaced. The original bill created a new mechanism allowing religious employers to request coverage exclusions based on bona fide religious beliefs. The reprint instead references the existing exclusion in section 3 of P.L.2021, c.375 (C.26:2S-39), and the repeal of that existing provision was struck from the bill.

ENFORCEMENT

For the State Health Benefits Commission and School Employees' Health Benefits Commission sections, the restriction on prior authorization and delays was shifted from applying to 'a contract' to applying directly to the commission itself. The commissions are now the entities that shall not impose restrictions or require prior authorization.

TIMELINE

Effective date provisions were renumbered to reflect the new section structure: sections 1 through 6 (previously 1-3) take effect on the first day of the third month following enactment, and sections 7 through 9 (previously 4-9) take effect immediately.

Floor votes · Senate Jun 28, 2024

How they voted

2314
Passed · 3 other
Total votes 40
Jun 28, 2024
D Democratic25
23 Yea 2
92% Yea
R Republican15
14 Nay 1
93% Nay
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
5
Key actions
2
Committee
3
Jun 28, 2024
Committee
Received in the Assembly, Referred to Assembly Financial Institutions and Insurance Committee
lower
Jun 28, 2024
Upper · Passed
Passed Senate (23-14)
upper
Jun 24, 2024
Upper · Passed
Reported out of Senate Committee with Amendments, 2nd Reading
upper
Jun 24, 2024
Committee
Transferred to Senate Budget and Appropriations Committee
upper
Jun 17, 2024
Introduced
Introduced in the Senate, Referred to Senate Commerce Committee
upper
2 primary · 4 co-sponsors

Sponsors