Montana lawmakers advance bills revising state abortion laws
HB 862 would block using state funding for abortion except in cases of rape, incest and when the woman’s life is in danger. It would bring Montana’s laws in line with the longstanding federal policy called the Hyde Amendment.
Montana has had a different standard. Since a 1995 court ruling, the state has used its own general funds to cover abortions that have been determined to be “medically necessary,” even if the mother’s life isn’t endangered.
Hopkins said the broader abortion debate shouldn’t play into HB 862.
“While we’re having that discussion, as knockdown, drag-out as it may be, as strong as our personally held beliefs may be, the tax dollars should not be going to pay for elective abortion services,” he said. “I don't think that's unreasonable – it certainly hasn't been unreasonable for the better part of the last 40 years.”
Analysts from the governor’s budget office estimated the bill would affect about 700 Medicaid-covered abortions a year and reduce state spending by about $300,000 a year.
Opponents of HB 862 said its language might go beyond simply Medicaid and affect state and local employees on self-administered insurance plans – though Hopkins said he disagreed with that interpretation. Opponents also argued the bill went against the 1995 ruling.
“The state cannot legally, selectively withhold certain benefits from otherwise qualified people simply because the state does not favor those benefits,” said Rep. SJ Howell, D-Missoula.