The landmark Supreme Court case Roe v Wade legalized abortion care in 1973 and protects a pregnant person's right to choose to have an abortion without excessive government restriction. Since then many states have passed laws to restrict access to abortion care in many different ways, all challenging the limits of what is considered as excessive government restriction, and attempts to fully overturn Roe.

�Illinois does NOT have any requirements for mandated counseling, waiting periods, or ultrasound viewings and does NOT criminalize abortion. �

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The Reproductive Health Act (RHA) of Illinois was passed in 2019 and goes above and beyond the federal law and would protect Illinois from any major federal changes in the future. It gives each person a fundamental right to make individual decisions about their own reproductive health which includes the fundamental right to:

• Decide to use or refuse contraception and sterilization.
• Decide what type of contraception to use, if any.
• Decide whether to give birth or have an abortion, if pregnant.
• Make health care decisions about preventing pregnancy, ending a pregnancy, managing pregnancy loss, or improving maternal health or birth outcomes.
• Make decisions about one’s birth plan, like whether to be induced, have an epidural, or c-section.
• It also requires most private insurance companies in Illinois to cover abortion care, including the abortion pill, like they do other pregnancy related care, including any out-of-pocket costs.

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Resource - Does your insurance plan cover abortion care? English version or in Spanish

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�The Hyde Amendment was passed in 1976 and blocks federal funds from being used to pay for abortion under Medicaid and other federal programs including the Indian Health Service, Medicare, and the Children’s Health Insurance Program. This leaves millions of people without financial access to abortion care even though they have the legal right to abortion.�

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House Bill 40 of Illinois was passed in 2017 and requires Medicaid to cover abortion care, including the abortion pill, without any out-of-pocket costs. Eligibility criteria for Medicaid changes if you are pregnant. Learn more through our factsheet on Medicaid Presumptive Eligibility.

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The Forced Parental Notification of Abortion (PNA) Act of Illinois is a law that restricts access to abortion care for young people who are pregnant. PNA mandates that when people 17 years old and younger decide to have an abortion, a health care provider must notify an adult family member — a parent, grandparent, step-parent they live with, or other legal guardian — at least 48 hours in advance of the abortion care.

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You do not need consent or permission from the adult family member, they just have to be notified. However, we know that sometimes notification can create the same barriers as consent or permission. If you are scared of having an adult family member notified, especially safely, you can get a waiver from the court through a judicial bypass.

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Resource - Learn more about PNA, the IL Judicial Bypass Coordination Project, and ways that you can advocate for the repeal of PNA from this factsheet.

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Additional Resources�

Learn more about federal laws related to coverage of abortion care and how they interact with state laws from the NHeLP Abortion Coverage Hub.

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Learn more about supreme court decisions related to reproductive rights up to 2018, including abortion, from the NARAL Timeline of Supreme Court Decisions.

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Not getting confirmation of your insurance plan’s coverage of abortion care? You can file a complaint with Medicaid and private insurance and advocate for the health care you deserve.

Using your Manage My Case account, you will find a tab called Appeals. The Appeals button is at the top of every screen. Choose the reason for your appeal from the list on the screen and follow the directions to file your appeal.

Find the Contact info to file a Grievance or Appeal by Health Plan through the Illinois Department of Healthcare and Family Services.

Learn more about how to appeal a Medicaid coverage decision, including a Presumptive Eligibility denial through Illinois Legal Aid Online.

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You can appeal a health plan decision through an internal appeal or an external review. Learn more about these processes at HealthCare.gov.

Each insurance company has a different process for appeals and grievances, review your Member Handbook to make sure that you have as much information as possible about the process before beginning.

In most cases you will be able to file either on the phone, online, or in writing through an email or letter.

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Tips for calling your insurance company or Medicaid:

• Have your insurance card handy. If you are not the primary policy holder, make sure you have their information available, too. 
• Be prepared. Write down your list of questions and complaints ahead of time so you can stay focused on the call. 
• Make time. You will most likely have to be on hold for a while and transferred multiple times, so it is best to call when you aren’t in a rush. 
• Keep a record of any communication you have had with your insurance company about your issue (who did you talk to, date and time, details of the conversation). These notes may be helpful in any later appeals/grievances/complaints. 
• Make sure to also keep any written communication to or from the insurance company (emails, bills, notices, etc.).

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Need help with a complaint?

You can call the Attorney General’s Health Care Bureau’s toll-free hotline at 1-877-305-5145. They also have a teletypewriter line at 1-800-964-3013.�

Illinois Department of Insurance has insurance analysts are available to answer general questions by phone at the  toll-free Consumer Complaints Hotline at 866-445-5364. You can also email DOI.Complaints@illinois.gov

Family resource centers can help navigate insurance issues, especially for Medicaid/Medicare recipients.

• Find a Family Community Resource Center using the Illinois Department of Human Services search engine.
• Illinois Legal Aid Online can help with referrals and resources related to your complaint. Start by filling out their online form for help getting a referral.
• Chicago Abortion Fund affirms that Abortion is Healthcare and is also here to help navigate insurance processes, along with any other support you need when seeking abortion care.

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True access means coverage of all abortion services is fast and easy and without reimbursement. EverThrive IL is commitmented to making this the reality. To keep up to date with these and other advocacy efforts and opportunities, subscribe to our email list here.

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