An Act Expanding Protections for Reproductive and Gender-Affirming Care

Following the fall of Roe v. Wade, the Massachusetts legislature acted swiftly and boldly to make Massachusetts values clear: Our Commonwealth would stand for reproductive freedom and expand access to reproductive health care in the face of national attacks on bodily autonomy. In July 2022, Massachusetts passed An Act Expanding Protections for Reproductive and Gender-Affirming Care, which took major steps to make abortion care more affordable and accessible, protect our reproductive and gender-affirming care providers, and ensure no one must leave the Commonwealth for care, at any point in their pregnancy. The law received national recognition, including a visit from Vice President Kamala Harris, who touted our work as a model for the rest of the nation. Specifically, the law:

• Makes abortion care more affordable by mandating insurance coverage and eliminating cost-sharing for abortion and abortion-related care

• Requires Massachusetts public colleges and universities to provide access to—or referrals for—medication abortion on campuses

• Makes a statutory change to the 2020 ROE Act to expand access to abortion care later in pregnancy, taking steps to ensure no one must leave Massachusetts for care

• Includes best-in-the-nation protections for providers and helpers who aid people seeing abortion and gender-affirming care from harmful, out-of-state litigation

• Expands access to emergency contraception by establishing a statewide standing order for both over-the-counter and prescription emergency contraception

• Expands an address confidentiality program for abortion providers and providers of gender affirming care to ensure they do not have to face threats of harassment or violence at home

The Cap on Kids

At the beginning of the 2019-2020 legislative session, the House and Senate voted to end a harmful and outdated law, known as the Cap on Kids.

A relic of racist, sexist welfare reform policies of the 1990s, the Cap on Kids aimed to limit the size of families receiving state assistance by withholding additional funds if the family had another child while receiving assistance. The Governor repeatedly vetoed repeal of the Cap on Kids in spite of overwhelming support from the legislature for its repeal. Reproductive Equity Now was proud to stand with a broad coalition of non-profit organizations, unions, community organizations and legal groups that fought tirelessly to end this law.

On April 25th, 2019, the Senate voted to override the Governor’s veto, as the House had done on April 10, 2019. The repeal went into effect immediately.

Archaic Laws

During the 2017-2018 legislative session, Reproductive Equity Now worked with leadership in the House and Senate to repeal archaic statutes from the Massachusetts General Laws criminalizing women’s health care. The laws repealed included:

• A ban on unmarried people accessing contraception;

• A ban on distributing information about how to access contraception or abortion care;

• A ban on distributing contraception;

• A pre-Roe v. Wade criminal abortion ban;

• A requirement that all abortions provided from the thirteenth week of pregnancy onward be performed in a hospital;

• A ban on adultery; and

• A ban on fornication.

Repeal of these archaic laws ensures that regardless of what happens at the federal level, Massachusetts will remain a beacon of reproductive freedom. The removal of archaic statutes was signed into law on July 27, 2018. The repeal went into effect immediately.

The Patch Act

In 2018, Reproductive Equity Now, in coalition with Health Care for All, celebrated passage of An Act to Protect Access to Confidential Healthcare (the PATCH Act). Before the PATCH Act was passed, a Massachusetts resident receiving health insurance as a dependent didn’t always receive fully confidential health care if an Explanation of Benefits (known as an EOB, which outlines recent health care procedures, including reproductive health care and other sensitive information) was sent to their primary plan subscriber. The PATCH Act remedied this loophole in Massachusetts law that compromised patient confidentiality. 

The PATCH Act ensures that:

• Patients can choose how to receive their EOB, and are sent them directly;

• EOBs are not sent for preventative health services with no cost-sharing, such as testing for a sexually transmitted infection or a domestic violence counseling session; and

• EOBs list only generic information, such as “office visit” or “medical service”, when sensitive care, including reproductive health care or substance abuse treatment, is provided. 

On March 30, 2018, the PATCH Act was signed into law, and went into effect on April 1, 2019.

Paid Family and Medical Leave, Wage Increase

In 2018, Reproductive Equity Now worked as a coalition member of Raise Up in supporting Paid Family and Medical Leave for all Massachusetts employees. The law creates a paid family and medical leave insurance program and raises the minimum wage to $15 over five years. This bill allows all parents, including those who adopt, the time to care for their children and allows everyone to care for ailing family members without the fear of financial instability.

On June 28, 2018, Governor Charlie Baker signed this legislation into law. The paid family and medical leave benefits will be available starting in 2021, and the minimum wage will rise from the current rate of $11 to $15 by 2023.

Pregnant Workers Fairness Act

In the 2017-2018 legislative session, Reproductive Equity Now joined dozens of other leading advocacy groups in Massachusetts in advocating for the Pregnant Workers Fairness Act. This legislation ensures that pregnant workers are treated fairly on the job, are protected against workplace discrimination, and are given the reasonable workplace accommodations they need and deserve, like water and bathroom breaks. The bill received broad bipartisan support in the Massachusetts Legislature and saw unanimous favorable votes in the Massachusetts House of Representatives and the Massachusetts Senate. On July 27, 2017, the Pregnant Workers Fairness Act was signed into law.

Public Accommodations Law

In 2016, Reproductive Equity Now joined a coalitional effort led by Freedom Massachusetts to guarantee transgender Bay Staters full and equal protection under Massachusetts law. The bill, An Act Relative to Transgender Anti-Discrimination (S.735), provides critical anti-discrimination protections that ensure that everyone in the Commonwealth can access hospitals, hotels, restaurants, and other public places without facing discrimination on the basis of gender identity. On July 8, 2017, the Public Accommodations Bill was signed into law. It went into effect on October 1st, 2017.

Pay Equity Law

In 2016, Reproductive Equity Now worked with the Massachusetts Equal Pay Coalition to close the income gap for Massachusetts women. This law prohibits employers from asking about previous salaries in the hiring process and ensures that employees cannot be fired for discussing their salaries openly. The law also encourages employers to conduct internal reviews of their payroll to ensure equitable compensation. On August 1, 2016, the Pay Equity Bill was signed into law, and went into effect on July 1, 2018.

Anti-Shackling Law

In 2013, Reproductive Equity Now created a coalition with 48 other organizations to rally behind the Anti-Shackling Bill and urged legislators to ban the inhumane practice of shackling pregnant women who are incarcerated. The law requires correctional facilities to provide regular prenatal and postnatal medical care, including health monitoring and evaluation; a diet containing the nutrients necessary to maintain a healthy pregnancy, including prenatal vitamins and supplements; postpartum screening for depression; and written information regarding prenatal nutrition, maintaining a healthy pregnancy and childbirth. Correctional facilities must also provide pregnant and postpartum inmates with appropriate clothing, undergarments and sanitary materials. On May 15, 2014, the Anti-Shackling Bill was signed into law and went into effect immediately.