After Roe: What Happens to Reproductive Rights in California?
Written By: Dayanara Ruiz and Anna Ghukasyan
California Bill Summaries and Newsom’s $125 million Reproductive Health Package
Guaranteed abortion access was eliminated from many states on June 24th with the overturning of Roe v. Wade. Four months later, reproductive rights remain the topic of conversation in many households as voters in California prepare to decide the future of bodily autonomy with Proposition 1, the Right to Reproductive Freedom Amendment, this November. Proposition 1 would amend the state Constitution by codifying access to abortion and contraceptives.
As abortions become illegal across state lines, many women are concerned that “personal data, such as, location history, health history, messages, and searches, could be used by law enforcement in some states to criminalize people seeking or providing abortions.” In a recent statement, Governor Newsom affirmed that he will “not sit on the sidelines and allow patients who seek reproductive care in [California] or the doctors that provide that care to be intimidated with criminal prosecution.”
The Consortium’s mission is to advance racial equity, center family voices, and influence policy to ensure expectant and parenting individuals have access to support and services, and for their children to be healthy and safe. In a country with alarming maternal and infant mortality rates, especially for Black women, the focus should be on supporting expectant individuals in their reproductive health, but rather our governments and healthcare systems we have prioritized controlling women’s bodies. The success of children is dependent on the well-being of their families and communities, and in order for them to grow up healthy and to thrive, both children and their families need to have the proper resources, opportunities and rights.
Below is an overview of important legislation, budget investments, and upcoming ballot initiatives related to reproductive justice in California.
Bills signed by Governor Newsom
For Healthcare Providers
Assembly Bill 1666: protects physicians from legal and financial penalties if they travel to other states to perform abortions or treat out-of-state patients by nullifying civil judgments from other states. This bill was chaptered by the Secretary of State on June 24, 2022, and took effect immediately.
Assembly Bill 2091: prohibits medical providers and health insurers from sharing information in cases that seek to penalize abortion. This bill ensures that there are guardrails to protect patient information so that anyone who needs to seek care in California can do so without fear of their medical information being shared. This bill was chaptered by the Secretary of State on September 27, 2022, and takes effect immediately.
Senate Bill 1375: increases the number of providers by allowing some nurse practitioners to independently perform first-trimester abortions without a doctor’s supervision. This bill was chaptered by the Secretary of State on September 27, 2022, and will take effect in 2023.
Assembly Bill 2626: prevents the state medical board from suspending or revoking the license of a physician who is punished in another state for performing an abortion in accordance with California law. This bill was chaptered by the Secretary of State on September 27, 2022, and takes effect immediately.
Increasing Access to Reproductive Health
Senate Bill 245: expands access to reproductive health care by eliminating out-of-pocket costs for abortion services covered by health plans. This bill was chaptered by the Secretary of State on March 22, 2022. This bill will prohibit a health insurance plan issued on or after January 1, 2023, from imposing a deductible, coinsurance, copayment, or any other cost-sharing requirement on coverage for all abortion and abortion-related services, as specified.
Assembly Bill 1918: creates the California Reproductive Health Service Corps in the Department of Health Care Access and Information. The Corps will be responsible for recruiting, training, and retaining a diverse workforce of healthcare professionals who will be part of reproductive healthcare teams assigned to work in underserved areas. This bill was chaptered by the Secretary of State on September 27, 2022, and requires the department to conduct an evaluation 5 years after implementation to assess the impact and effectiveness of the corps, and would require the department to report its findings to the Legislature on or before January 1, 2029.
Assembly Bill 1242: would prohibit police from arresting someone for providing or obtaining an abortion and ban law enforcement agencies from sharing information with colleagues in other states regarding a lawfully performed abortion. This bill was chaptered by the Secretary of State on September 27, 2022, and takes effect immediately.
Assembly Bill 2223: would end a requirement that coroners investigate the cause of fetal deaths resulting from suspected self-induced abortions, clarify that women cannot be held criminally or civilly liable for pregnancy loss or abortion, and create an ability to sue prosecutors and others who violate that protection. This bill was chaptered by the Secretary of State on September 27, 2022.
Assembly Bill 2205: Requires Covered California plans to report annually the total amounts of funds collected in special accounts for abortion care which was established under the ACA to hold a premium payment of $1 per member per month and from which claims for abortion care must be paid. This bill was chaptered by the Secretary of State on September 27, 2022, and takes effect on July 1, 2023.
Assembly Bill 2586: addresses the reproductive and sexual health disparities that Black, Indigenous, and other communities of color face by 1) developing responsive policy recommendations centered in a Reproductive Justice framework; and 2) supporting Reproductive Justice community-based organizations to equip disparately impacted community members with medically accurate, culturally congruent, comprehensive sexual and reproductive health education and resources that include information on abortion care. This bill was chaptered by the Secretary of State on September 27, 2022, and establishes the California Reproductive Justice and Freedom Fund and would require the department, upon appropriation by the Legislature, to award grants to eligible community-based organizations over a 3-year period.
Assembly Bill 1142: creates a one-stop-shop internet webpage under Cal HHS (Health and Human Services) that will direct individuals to links for abortion care, post-operation resources, abortion financial support services, and healthcare service resources. The webpage will be modeled off existing websites in Washington State, New York, and Texas. This bill was chaptered by the Secretary of State on September 27, 2022, and takes effect on July 1, 2023.
Assembly Bill 1245: will support a funded pilot program for Los Angeles County to build on the statewide efforts to advance California as a “Reproductive Freedom” State. The program will house innovative approaches and patient-centered collaborations to safeguard access to abortion for patients coming to Los Angeles County, regardless of where a patient resides. This bill was chaptered by the Secretary of State on September 27, 2022, and covers the period of July 1, 2023, to July 1, 2024.
Governor’s $125 Million Reproductive Health Package
To accommodate an influx of people seeking abortion care, Governor Newsom proposed a $125 million reproductive health package that would provide new investments in reproductive health facilities, remove barriers to services, help cover costs of uninsured patients, and more incentives for businesses to relocate and bring jobs to California from anti-abortion and anti-LGBTQ+ states.
Cover Uncompensated Care for People Uninsured for Abortion Services. $40 million for grants to reproductive health care providers to offset the cost of providing care to low- and moderate-income individuals who do not have health care coverage for abortion care services.
California Reproductive Justice & Freedom Fund. $15 million for grants to community-based reproductive health, rights, and justice organizations to conduct medically accurate and culturally competent outreach and education on sexual health and reproductive health issues.
Comprehensive Reproductive Rights Website. $1 million to develop and maintain a website that provides accurate and updated information to the public on the right to abortion under state law, information about reproductive health care providers, and options for coverage for reproductive health services, including state-funded coverage and programs.
Research on the Unmet Needs for Reproductive Health Care Services. $1 million for research regarding the unmet needs for access to reproductive health care services.
These investments are an addition to the Governor’s California Blueprint, a $68 million package to invest in reproductive health infrastructure, capital infrastructure, affordable and equitable reproductive health practices, and increase family planning access.
Reproductive Rights on the November 2022 Ballot
With the California General Election approaching in early November, the Consortium urges voters to go out and vote on Proposition 1, the Right to Reproductive Freedom Amendment. A "yes" vote supports amending the state constitution to prohibit the state from interfering with or denying an individual's reproductive freedom, which is defined to include a right to an abortion and a right to contraceptives. A "no" vote opposes this amendment providing a right to reproductive freedom in the state constitution.
To learn more about the California General Election Ballot Information click here.