Protecting Access to Reproductive Healthcare

By Dr. Margie Donlon and Luanne Peterpaul

Luanne Peterpaul & Margie Donlon

The last fifty years have marked significant social progress and strides. But when it comes to reproductive health, we fear that, as a country, we are moving backwards.

New Jersey has historically provided stronger protections for reproductive rights and autonomy than the federal government and many other states, and we need to ensure that our state continues to stand up for these rights.

Healthcare is one of our top priorities as state legislators.

July 25 is World In Vitro Fertilization (IVF) Day and it is gratifying to report that the State Assembly has passed or advanced a number of our bills ensuring access to and insurance coverage of reproductive healthcare services with bipartisan support.

In vitro fertilization provides hope for thousands of New Jersey families each year who are facing infertility. In fact, 90 percent of infertility cases are treatable with medical therapies, including medications, surgery, and in vitro fertilization. In 2021, over 85,000 babies were born using assisted reproductive technologies and New Jersey is one of the top ten states when it comes to births from IVF.

Here’s a look at some of that legislation we brought forth to protect IVF in the state of New Jersey.

The Assembly passed our resolution condemning the action of members of US Congress in blocking legislation that would have codified access to in vitro fertilization and affirming the New Jersey Legislature’s commitment to protecting reproductive freedom and full access to reproductive health care.

In another bipartisan vote, the Assembly passed our co-sponsored bill protecting access to assisted reproductive technology, including in vitro fertilization. Our bill expands the fundamental rights to reproductive health choice already on the books to include assisted reproductive technologies such as in vitro fertilization.

These rights are only as effective as a patient’s ability to access them and afford treatment. That is why we sponsored legislation requiring health benefits coverage for family planning and reproductive health care services, including early infancy care, without cost sharing.

We also sponsored legislation that requires health insurance and Medicaid coverage for reproductive health care services and prohibits medical malpractice insurers from suing in relation to the performance of reproductive healthcare services. These services include reproductive health care or gender-affirming health care if the adverse action rests solely on the fact that the patient is a resident of a state where providing the service is illegal.

The New Jersey Supreme Court has held in several cases that the state constitution protects the right to abortion and reproductive autonomy to an extent that exceeds the protections established under the US Constitution. In 2022, our Legislative District 11 teammate Senator Vin Gopal was a primary sponsor of legislation that codified the fundamental constitutional right to reproductive autonomy in New Jersey and restored state funding to support reproductive health care services.

We also are primary sponsors of an Assembly resolution calling for continued support of the protection of federal Emergency Medical Treatment and Active Labor Act (EMTALA). It is vital that the provisions of EMTALA remain intact and that the federal government continues to enforce the provisions of this statute to ensure the public’s continued access to emergency services regardless of ability to pay. The Act is integral to reproductive health care because it allows for emergency room physicians to conduct abortions to save the mother’s life regardless of her ability to pay.

By protecting a woman’s right to reproductive autonomy we can make New Jersey a safer, fairer, and more affordable place for all residents.