Illinois Abortion Funding Law: What You Need To Know

In 2019, Illinois Governor J.B. Pritzker signed the Reproductive Health Act into law, making abortion a fundamental right in the state. This law repealed previous legislation that banned some late-term abortions and criminalised the act of performing an abortion. Illinois law requires that if an insurance plan provides pregnancy-related benefits, they must also cover abortion care. Illinois Medicaid is also mandated to cover abortion care.

Illinois' Reproductive Health Act

The Illinois Reproductive Health Act (RHA) was signed into law by Governor Pritzker on June 12, 2019. The Act establishes that individuals have a fundamental right to make autonomous decisions about their reproductive health, including the use of, or refusal of, reproductive health care. This includes the right to use or refuse contraception, abortion, birthing decisions, and maternity care.

Under the RHA, individuals can sue the State of Illinois or local governments if they improperly deny, restrict, interfere with, or discriminate against a person's fundamental right to make their own reproductive health decisions. The Act also prohibits the state from prosecuting, punishing, or depriving any individual of their rights for any act or failure to act during their pregnancy.

The RHA requires that abortion, contraception, and maternal care are treated like all other health care, with regulations reflecting current medical standards. It also requires private health insurance plans in Illinois to cover abortions like any other pregnancy-related care. If a private health insurance policy covers pregnancy-related care, it must also cover the costs of abortion.

The RHA does not change the existing Illinois law, the Health Care Right of Conscience Act, which permits health care providers to refuse to provide services to which they have religious objections. However, the RHA repealed the Illinois Abortion Law of 1975, which included a trigger law that would have banned abortions unless necessary to preserve the mother's life if Roe v. Wade was overturned or repealed.

Abortion rights in Illinois

Illinois law ensures that abortion is legal for all people and guarantees the fundamental right to make decisions about one's reproductive health care. This right is extended to all, regardless of age, gender identity, sexual orientation, class, immigration status, race, ethnicity, language ability, or disability status. Additionally, Illinois law protects the right to keep one's abortion confidential, regardless of age.

In terms of restrictions, abortion is generally prohibited in Illinois after fetal viability, which is typically around 24 to 26 weeks of pregnancy. After this point, abortion can only be performed to protect the patient's life or general health, including mental health.

Illinois law also requires insurance plans that provide pregnancy-related benefits to cover abortion care. Illinois Medicaid and most private health insurance plans are mandated to cover abortion care.

The state has seen a decline in the number of abortion clinics over the years, with 24 abortion clinics in 2014, and 92% of counties in the state lacking an abortion clinic. However, Illinois has become an abortion-access state for people in the South and Midwest impacted by abortion bans in their states.

Abortion restrictions in Illinois

Illinois law ensures that abortion is legal for all people. However, there are some restrictions in place. Firstly, abortion is generally prohibited after the point of fetal viability. This is usually between week 24 and 28. Additionally, there are reporting requirements in place.

Illinois has a history of abortion restrictions dating back to the early 1800s. In 1827, an Illinois law prohibited the sale of drugs that could induce abortions, classifying them as a "poison". In 1867, Illinois passed a bill that made abortion and attempted abortion a criminal offence. In the 1950s, as hospitals set up barriers, the number of therapeutic abortions declined. Following Roe v. Wade in 1973, Illinois passed several restrictions on abortion, many of which were later repealed. In 1975, the Illinois Abortion Law was enacted, which included a trigger law that would prohibit abortions unless necessary for the preservation of the mother's life if Roe v. Wade was overturned.

In 1995, the Parental Notice of Abortion Act was enacted, requiring physicians to give 48 hours' notice to the parent, grandparent, or guardian of a minor seeking an abortion. This law was enjoined by the courts for over two decades and was eventually repealed in 2021. In 2013, a Guttmacher Institute survey found that Illinois' Targeted Regulation of Abortion Providers (TRAP) law applied to private doctor offices, in addition to abortion clinics.

In 2017, the trigger law component of the Illinois Abortion Law of 1975 was repealed, but many of its other provisions remained intact. In the same year, abortion was approved to be covered under Medicaid and state employee health insurance. In 2019, Illinois passed comprehensive abortion rights legislation, protecting abortion as a fundamental right. This legislation also removed the 12-week ban on abortions and rescinded legislation that had made performing late-term abortions a criminal offence.

Abortion confidentiality in Illinois

Illinois law ensures that abortion is legal for all people. If you are under 18, a clinic is not required by law to contact a parent or legal guardian if you are seeking abortion care services. Who you tell about your abortion is entirely up to you. You have the right to keep your abortion confidential regardless of how old you are.

In January 2023, Illinois enacted an interstate shield law protecting providers, patients, and people who help others access abortion and gender-affirming care from licensure consequences and the reach of out-of-state investigations and legal actions.

If you are under 18 and want to keep your abortion confidential from your family, you can use Illinois Medicaid to fully cover the cost of your abortion without any information being revealed to your family. If you have private health insurance through your parent or family member, using this to cover the cost of your abortion may not be confidential.

There are also private organizations that may be able to help with abortion costs, and some clinics may provide financial assistance.

Abortion insurance coverage in Illinois

Illinois law ensures that abortion is legal for all people. In 2019, Illinois enacted comprehensive abortion rights legislation, and the Illinois Supreme Court has recognized the right to abortion under the state's constitution.

The Reproductive Health Act requires state-regulated private health insurance plans that offer pregnancy-related benefits to cover abortion. This includes plans purchased directly from a carrier, such as those purchased on the ACA (Affordable Care Act) Health Insurance Marketplace, and coverage through an employer that is "fully insured". However, this requirement does not apply to Medicare or other federally managed plans, or to private employers that provide "self-funded" group health plans.

Illinois Medicaid and most private health insurance plans are required to cover abortion care. Illinois Medicaid provides coverage for all abortion services, with no out-of-pocket expenses for patients. For state-regulated private insurance plans, abortion care coverage must include medication abortion ("abortion pills") obtained through a prescription, regardless of whether the plan provides prescription drug benefits.

Beginning January 1, 2024, state-regulated private insurance plans must also provide coverage for follow-up services related to medication abortion, such as side-effect management, medication self-management, and mental health strategies.

Planned Parenthood of Illinois (PPIL) offers usual and customary rates for all services and accepts various private insurance plans, including Aetna, Blue Cross Blue Shield PPO, and United Health Care. PPIL will verify insurance coverage prior to the appointment, but it is important to note that all Medicaid, Federal Commercial, and Illinois Marketplace payers do not cover elective abortion services. Patients are responsible for their co-payment, co-insurance, and any unmet deductibles.

Frequently asked questions