Oregon's Abortion Law: Free Access For Immigrants?

Oregon law protects the right to abortion, and anyone can use abortion services in the state. Oregon's Reproductive Health Equity Act prohibits discrimination in coverage or care based on immigration status. Undocumented immigrants and legal permanent residents of fewer than five years do not qualify for state health insurance (called Medicaid or the Oregon Health Plan) but can receive coverage through the Reproductive Health Equity Act if their income is less than 250% of the Federal Poverty Level.

Oregon law allows anyone in the state to use abortion services

In 2023, Oregon protected abortion as a fundamental right, stating that "every individual has a fundamental right to make decisions about the individual's reproductive health, including the right to make decisions about the individual's reproductive health care, to use or refuse contraception, to continue the individual's pregnancy and give birth or to terminate the individual's pregnancy."

Oregon has enacted additional laws to expand abortion access and, in 2022, the Oregon legislature appropriated $15 million to the Reproductive Health Equity Fund to provide immediate support, including travel expenses and lodging, for people seeking abortions in Oregon.

Abortion is legal in Oregon at all stages of pregnancy. There are no gestational limits, no waiting periods, and medication abortion can be accessed by mail. Oregon does not restrict the type of healthcare practitioner who can provide abortion care.

Oregon welcomes anyone who needs abortion care and cannot receive it in their home state. For those without insurance or who need or want to pay out of pocket, cash pricing is available. For those who do not qualify for the Oregon Health Plan because of their immigration status, the state pays for abortions.

Oregon has no legal restrictions on abortion

Abortion is legal, safe, and accessible in Oregon. The state has no legal restrictions on abortion, which means that anyone can access abortion services without gestational limits or waiting periods. This includes undocumented immigrants or lawful permanent residents, as Oregon's Reproductive Health Equity Act prohibits discrimination in coverage or care based on immigration status.

Oregon's abortion laws have not changed following the United States Supreme Court decision in June 2022, which overturned Roe v. Wade (Dobbs v. Jackson Women’s Health). Additionally, the ongoing lawsuit filed in Texas, Alliance for Hippocratic Medicine v. U.S. FDA, challenging the Federal Drug Administration’s (FDA) approval of early abortion medication, has not altered Oregon's laws.

Oregon allows anyone located in the state to use abortion services, regardless of their residency status. The state also offers medication abortion by mail and telemedicine consultations with licensed providers for those up to 10 weeks into their pregnancy.

Oregon law requires insurance plans to cover abortion care with no out-of-pocket charges, although some plans are exempt from this requirement. For those without insurance or who wish to pay out of pocket, cash pricing is available. The state also provides financial support for people who do not qualify for the Oregon Health Plan due to their immigration status.

Oregon's Reproductive Health Equity Act prohibits discrimination based on immigration status

Oregon's Reproductive Health Equity Act (House Bill 3391) was signed into law by Governor Kate Brown on August 15, 2017. The Act is a landmark piece of legislation that expands access to reproductive health services for all Oregonians, regardless of their place of residence or origin. It established immediate protections for women's right to choose and cemented Oregon's leadership in reproductive healthcare access.

One of the key provisions of the Act is its prohibition of discrimination in reproductive healthcare coverage and care based on immigration status. This means that undocumented individuals or lawful permanent residents cannot be discriminated against when seeking or receiving abortion care in Oregon. The Act ensures that all Oregonians, regardless of their documentation status, have equal access to reproductive health services.

The Act also requires insurance companies to cover the full spectrum of reproductive health care for both men and women, including expanded postpartum care coverage, counseling for domestic abuse and tobacco use, breastfeeding support, and FDA-approved contraception. It prohibits commercial health plans regulated by the State of Oregon from discriminating based on gender identity, ensuring access to healthcare for transgender and gender-nonconforming individuals.

In addition to the protections offered by the Reproductive Health Equity Act, Oregon has no legal restrictions on abortion. There are no gestational limits or waiting periods, and medication abortion pills can be accessed by mail. Oregon welcomes anyone who needs abortion care and cannot receive it in their home state, regardless of their place of residence.

The Act has faced some challenges, with a 2019-2020 state audit finding that many insurers were not complying with the law. However, it remains a crucial piece of legislation, protecting the rights and health of Oregonians and sending a strong signal that states must act to protect their people's rights and protections in the face of uncertainty at the national level.

Oregon law requires most insurance plans to cover abortion care

Oregon is classified as highly protective of abortion rights. Abortion is legal at all stages of pregnancy and Oregon has no legal restrictions on abortion. In 2017, the Reproductive Health Equity Act was passed, requiring health insurance to offer abortion coverage and to absorb most of the costs of the procedure. This means that most insurance plans are required to cover abortion care, with no out-of-pocket charges. However, self-insured and federally-funded plans are exempt from this requirement.

Under the Reproductive Health Equity Act, Oregon also provides public funding for abortions and requires private insurance coverage of abortion. The state does not restrict the type of health-care practitioner who can provide abortion care. This means that qualified non-physician health professionals, such as physician assistants, nurse practitioners, and certified nurse midwives, can perform first-trimester aspiration abortions and prescribe drugs for medical abortions.

In addition, Oregon has enacted laws to expand abortion access. For example, Oregon does not require a waiting period for an abortion, and a person can choose whether to see ultrasound images before the procedure. Oregon also allows anyone in the state to use abortion services, regardless of their residency status. This means that people from other states can travel to Oregon to access abortion services that may not be available in their home state.

Oregon has also taken steps to protect the privacy and confidentiality of individuals seeking abortion care. For example, federal and state patient privacy laws protect the decision to have an abortion as protected health information. Individuals also have the right to request that their insurance plan send protected health information directly to them, rather than to the person who pays for their health insurance plan.

Oregon has enacted laws to expand abortion access

In 2023, Oregon passed a law protecting abortion as a fundamental right, stating that "every individual has a fundamental right to make decisions about their reproductive health, including the right to make decisions about their reproductive health care, to use or refuse contraception, to continue their pregnancy and give birth or to terminate their pregnancy." This law also specifies that young people under the age of 15—the age when individuals can provide informed consent to medical procedures without parental involvement—can consent to abortion care.

Oregon's Reproductive Health Equity Act, passed in 2017, requires health insurance plans to offer abortion coverage and prohibits discrimination in coverage or care based on gender, sexual orientation, race, disability, or immigration status. The Act also requires most insurance plans to cover abortion care with no out-of-pocket charges. Immigrants who don't qualify for the Oregon Health Plan due to their immigration status are covered by the state for abortions.

Oregon has a history of protecting abortion rights, even after the US Supreme Court's 2022 decision to overturn Roe v. Wade. In 2018, Oregon voters rejected a ballot measure that sought to limit the state's ability to use public funds to pay for abortions. Additionally, in 2022, the Oregon legislature appropriated $15 million to the Reproductive Health Equity Fund to provide immediate support for people seeking abortions in the state.

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