News: 2022 Press Release
SACRAMENTO, Calif. – With the U.S. Supreme Court decision today overturning Roe v. Wade, the Department of Insurance has shared information about how California law protects insurance coverage for abortion.
“California law is clear that we protect reproductive freedom and insurance coverage for abortion. Defending all people’s right to healthcare is a top priority for me and the Department of Insurance,” said Insurance Commissioner Ricardo Lara. “That’s why we have assembled the facts about Californians’ rights on insurance coverage for reproductive health care. We want to help cut through the clutter and make sure consumers know that California law and the Department of Insurance are there to protect them.”
California law is clear that abortion care is basic health care and covered by most insurance. The Department FAQ about insurance coverage for abortion is available on our website: https://www.insurance.ca.gov/01-consumers/110-health/30-have/Coverage-for-Abortion.cfm
Policyholders who need help understanding their coverage should contact the Department of Insurance at 1-800-927-4357.
FAQ: How California law protects insurance coverage for abortion
Is my private insurer required to cover my abortion?
Yes for most people. California law is clear that abortion care is basic health care, and most insurance plans must cover basic health care services. This requirement does not apply to employers that provide “self-funded” health care coverage or grandfathered plans. If you’re having difficulty understanding your coverage contact your insurer or call the Department of Insurance at 1-800-927-4357.
Can my private insurer discriminate against me for having an abortion?
No. California law and the California Constitution prohibit private health insurers from discriminating against you for receiving any reproductive healthcare, including abortions. For example, insurers cannot refuse to provide you with insurance or change the pricing of your insurance plan because you had an abortion.
Can my private insurer require prior authorization before I obtain an abortion?
Yes, although the law will change soon. Until December 31, 2022, your insurer may ask you to seek approval from the insurer before you receive a medication or surgical abortion, but your insurer cannot prevent you from obtaining an abortion or refuse to cover your abortion.
SB 245 requires that beginning in January 2023, insurance plans that cover abortion will be required to cover all abortion services with no prior authorization and with no cost sharing.
Additionally, you have a right to receive timely care. Urgent care appointments that require prior authorization must be scheduled within 96 hours (4 days) of your request, and non-urgent care appointments that require prior authorization must be scheduled within 15 days of your request. The process for obtaining prior authorization will vary depending on your insurer’s policies. If you are having difficulty getting timely access to any abortion services, please contact Consumer Services at 1-800-927-4357.
What do I do if there is no local abortion provider in my private insurance network?
If there is no local abortion provider in your insurance network or you aren’t able to make an appointment quickly, your insurer has an obligation to arrange for an appointment with a local out-of-network provider to ensure that you receive the care you need in a timely manner for the same price you would pay an in-network provider. If you are having any problems with an insurer refusing to arrange and cover an out-of-network service or treatment when you were unable to access an in-network provider, please contact the Department of Insurance at 1-800-927-4357.
Can my private insurer require me to receive a referral from my doctor for an abortion?
No, you will not need to get a referral from your doctor to receive an abortion. An insurer cannot require authorization or referral for obstetrical or gynecological care provided by an in-network OBGYN or family practice doctor. Instead, you can make an appointment directly with a specialist. Along with abortion services, insurers may not require referrals for:
Does my Medi-Cal insurance cover my abortion?
Yes. If you are enrolled in Medi-Cal, visit the Department of Health Care Services’ information page.
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Led by Insurance Commissioner Ricardo Lara, the California Department of Insurance is the consumer protection agency for the nation’s largest insurance marketplace and safeguards all of the state’s consumers by fairly regulating the insurance industry. Under the Commissioner’s direction, the Department uses its authority to protect Californians from insurance rates that are excessive, inadequate, or unfairly discriminatory, oversee insurer solvency to pay claims, set standards for agents and broker licensing, perform market conduct reviews of insurance companies, resolve consumer complaints, and investigate and prosecute insurance fraud. Consumers are urged to call 1-800-927-4357 with any questions or contact us at www.insurance.ca.gov via webform or online chat. Non-media inquiries should be directed to the Consumer Hotline at 800-927-4357. Teletypewriter (TTY), please dial 800-482-4833.
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