House Passes Reproductive Rights Bill With Rep. Vitolo’s Support

BROOKLINE, MA — The Massachusetts House of Representatives passed emergency legislation Wednesday, just 25 hours after a draft was released, to reaffirm and protect reproductive rights.

The bill improves access to reproductive care, creates legal protections for gender affirming healthcare, and protects both patients and healthcare providers.

Brookline Rep. Tommy Vitolo, along with the majority of his colleagues, voted in favor of H.4930 after rejecting several amendments filed by Representatives Joseph McKenna and Colleen Garry that would have restricted funding for abortion services and Planned Parenthood and increased insurance costs for individuals seeking an abortion.

“Today, we in the House of Representatives responded to the nationwide attack on reproductive rights by voting to protect people who have abortions, people seeking gender affirming care, and the providers of this critical care,” Vitolo said in a statement. “I am proud that we were able to advance this timely legislation and ensure that Massachusetts remains a leader in defending the right to choose and protecting LGBTQ people.”

The legislation improves access to abortion care through regulations which prevent insurers from applying deductibles, coinsurance, copayments, or cost-sharing requirements to abortion care. Additionally, insurance companies cannot impose restrictions or delays in abortion coverage or exclude spouses or dependents, and a statewide Standing Order will also be issued, allowing anyone on MassHealth or private insurance to access free emergency contraceptives at a pharmacy.

The legislation also reaffirms the right to reproductive healthcare and establishes a right to gender affirming care in Massachusetts. Exercising these rights, or helping others to do so, is protected if the provider is licensed and located in Massachusetts. Reproductive healthcare includes care related to pregnancy, contraception, assisted reproduction, miscarriage, or abortion. Gender affirming care includes supplies and services related to the treatment of gender dysphoria.

"This bill provides important protections to ensure continued access to care for transgender people that is recognized as life-saving by medical experts,” Polly Crozier, Senior Staff Attorney at GLBTQ Legal Advocates & Defenders (GLAD), said in a statement. "State legislatures across the country are overreaching in passing unprincipled and unethical bans on access to treatment, putting transgender young people in harm’s way. GLAD stands with the reproductive equity community in support of legislation that will protect health care professionals who provide the care their patients need and are grateful to the members of the Massachusetts House of Representatives.”

Patients receiving gender affirming or reproductive healthcare in Massachusetts can respond to out-of-state legal action with civil action in Massachusetts Courts, resulting in up to full damages. Massachusetts law enforcement agents are prohibited from assisting in federal or out-of-state investigations and state courts cannot summon or order anyone to provide testimony or documents regarding legally protected healthcare.

The bill also prevents the Governor from extraditing out-of-state individuals who have legally accessed reproductive or gender affirming care in Massachusetts.

"We have long advocated for the protection of abortion rights and for unrestricted access to affordable healthcare for all people,” Jeremy Burton, Chief Executive Officer of Jewish Community Relations Council of Greater Boston (JCRC), said in a statement. "Judaism affirms abortion as healthcare especially when lives can be saved. We deeply appreciate the Legislature’s foresight in passing the ROE Act and stand with them as they continue to protect abortion.”

Healthcare providers are also protected from criminal or civil liability and professional discipline provided that they are acting in accordance with state law and in good faith. Massachusetts Licensing Boards cannot deny a license based on out-of-state charges or disciplinary action that would've been legal in Massachusetts. Malpractice insurers are not able to discriminate against providers who provide legally protected healthcare.

The bill now goes to the Senate before reaching the Governor’s desk to be signed into law.