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2008 Indiana "Poison Pill" list
March 18, 2008
The 2008 session of Indiana General Assembly, which closed on March 14, saw an unprecedented 19 unrelated bills affected by 28 amendments which would have detrimentally affected reproductive freedom. These "killer" or "poison pill" amendments propose controversial language solely as an attempt to silence debate on a bill and keep it from advancing.
Representative Thompson alone introduced the same anti-abortion amendment to ten different bills dealing with insurance coverage. The amendment is the same attempt we saw in 2007 SB 221 to force abortion providers to close their doors without actually making abortion illegal. Rep. Thompson offered the amendment over and over not because he seriously wanted to advance it, but because he knew that it gave him a shot at killing those bills which might have hurt his friends in the insurance industry.
We have also included in the list below a few amendments whose authors did indeed hope to advance their anti-choice agenda, rather than kill a bill they didn't like. In both cases, it is clear that our rights as Hoosiers to make our own decisions about our own lives and health care mean less to some state lawmakers than campaign contributions. Women's health is being hijacked and used as a bargaining chip in the halls of our statehouse.
If you are fed up with this kind of sneaky, underhanded behavior from our lawmakers, help us fight it. Our ideological opponents at Indiana Right to Life and Advance America outspend us several times over each year. When you become a member of Advocates, your membership contribution helps us fight for Prevention First legislation and elect pro-prevention Indiana officials.
Join the Planned Parenthood Action Network today for all the latest news and volunteer opportunities from Planned Parenthood Advocates of Indiana. For more information, email us.
Other sessions: 2008 • 2007 • 2006 • 2005
Senate Bill 89—Regulation of Mortgage to Lenders
Senate Bill 89 was initially created to help protect Hoosier homeowners from foreclosures while mandating that as residents, they follow certain guidelines—basically a bill that would have helped numerous homeowners in the middle of Indiana's current property tax crisis. We're not sure if he wanted to kill the bill, or if it was just sour grapes over the death of SJR 7, but Representative Thompson (R-Lizton) dusted off language he introduced in 2006 as HBs 1202 and 1335, and attempted, in two amendments, to add additional bias against same-sex couples into Indiana law and Indiana public schools.
When Rep. Thompson insisted upon calling the amendments, Rep. Bardon (D-Indianapolis), the bill's author, withdrew SB 89 rather than waste the legislature's time on such a ridiculous, redundant discussion. Planned Parenthood Advocates support bills that help out Hoosier homeowners in a time of need, but refuse to support close-minded opinions. The state of Indiana will never move forward if we keep taking cultural steps backwards.
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Senate Bill 143—Childhood Lead Poisoning Prevention
As the House sponsor Charlie Brown stated on the House floor, Senate Bill 143 was one of the most important pieces of legislation that the General Assembly needed to pass during the 2008 legislative session, because it would allow the state to inspect and remediate homes and child care centers where a child was found to have an elevated level of lead in their system. Unfortunately, Representative Walorski, angry that church-run daycare centers would be included in these standards, used this bill to take yet another stab at abortion providers.
She amended it to force abortion clinics to test their centers for lead paint and keep children out if it was found to have a lead hazard. The amendment passed 66-32, but the bill passed only 51-48 on Feb. 26, 2008. Rep. Walorski herself voted against the final bill even though her amendment was included—positive proof that her only intent was to kill the bill. Planned Parenthood Advocates is tired of legislators using women's health care as a bargaining chip. Women's health—not to mention the safety of children in daycare centers—is too important to be used as a political toy.
Luckily, Rep. Walorski's amendment was removed from the bill in conference committee, and SB 143 was passed on Mar. 14, 2008.
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Senate Bill 159—Patient Protection from Insurance Companies
Senate Bill 159 attempted to protect patients by regulating the rights and responsibilities of health care providers and insurance companies. However, SB 159 became one of the many insurance-related bills threatened by Representative Thompson's anti-abortion amendment. He did not actually call the amendment for debate as it targeted not the bill itself but another amendment which also was not debated. SB 159 was passed by both houses and was signed by the governor Mar. 13, 2008.
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Senate Bill 166—Mandated Benefit Taskforce
Senate Bill 166 would have mandated that insurance companies and Health Maintenance Organizations provide certain forms of coverage for dialysis treatment. Rep. Thompson's anti-abortion amendment derailed this bill and left those patients out in the cold. Planned Parenthood Advocates never supports the use of women's health issues as bargaining chips, but to use them to withhold other forms of medical treatment is particularly reprehensible.
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Senate Bill 169—Health Insurance Reports
Senate Bill 169 would have established a study commission to examine possibilities for a single-payer health care system in Indiana, which may eventually mean coverage for some of the 860,000 Hoosiers without health insurance. Unfortunately, Rep. Thompson's anti-abortion amendment stopped this bill, too.
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Senate Bill 195—Motorists and Insurance
This year's award for the bill least relevant to abortion to be killed by an anti-abortion amendment goes to SB 195. SB 195 dealt with insurance coverage of motor vehicles, yet somehow Rep. Thompson's anti-abortion amendment prevented the bill's advance. It was not called for Third Reading in the House and is dead for the session.
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Senate Bill 247—Home Medical Equipment Licensing
Senate Bill 247 would have required certain accreditation of online pharmacies and changed the definition and specification of "home medical equipment", which is often required coverage by health insurers. Rep. Thompson's anti-abortion amendment again killed legislation which would have protected patients in need of health care.
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Senate Bill 269—Cover for Prosthetic Devices
SB 269 would have required the state employee health plan and some other insurers to cover the costs of prosthetic devices. Rep. Thompson again filed his anti-abortion amendment but it was not called for debate. Other changes were made, however, and the House and Senate could not come to an agreement on the bill. SB 269 died at the end of session.
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Senate Bill 302—Professional and Occupational Licensing
Like many of the other bills that were almost killed by Rep. Thompson's anti-abortion amendment, Senate Bill 302 dealt with medical issues. It worked to allow members of licensing boards to suspend practitioners' licenses in certain situations, and included accreditation of online pharmacies as did SB 247. Though it had nothing to do with abortion facility standards, Rep. Thompson filed his anti-abortion amendment. It was not called for debate. Other changes were made, however, and the bill did go to conference committee, where agreements were made. On 3/13/08, SB 302 was re-approved by both the House and Senate.
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Senate Bill 315—Long Term Care Screening and Counseling
Senate Bill 315 dealt with several requirements for eligibility for coverage of long-term health care. Rep. Thompson filed his anti-abortion amendment, but it was not called for debate. Other changes were made, however, and the bill did go to conference committee, where agreements were made. The Senate re-approved SB 315 on 3/13/08 and the House on 3/14/08.
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Senate Bill 331—Healthcare Coverage for Dependents
Senate Bill 331 passed the Senate merely as a minor alteration of "dependent" as it applies to insurance policies, but in the House Committee on Insurance, mandatory coverage of dialysis treatment was added. Rep. Thompson's anti-abortion amendment was written specifically to kill dialysis coverage, and it worked for him here as it did with HB 1323 earlier in the session. When Rep. Thompson insisted upon calling the amendment, Rep. Fry (D-Mishawaka), the bill's sponsor, withdrew SB 331 rather than waste the legislature's time on such a ridiculous, redundant discussion.
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Senate Bill 363—Uniform Emergency Health Practitioners Act
In light of recent disasters in the United States (Hurricane Katrina, California wildfires, the devastating tornado that hit Evansville), Senate Bill 363 would allow for the recognition of out-of-state medical licenses in the event of an emergency situation in Indiana.
Rep. Walorski took the opportunity to re-introduce a requirement for hospital privileges for abortion providers, as seen in SB 146, while Rep. Stutzman offered three variations on that theme without actually using the term "hospital privilege," making his amendments vague and difficult to understand. To avoid another debate on this unnecessary idea, SB 363 was unfortunately not called for Second Reading and died for the session. Fortunately, language from SB 363 found a home in HB 1172.
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House Joint Resolution 1—Circuit Breakers for Property Taxes
As a proposed amendment to the Indiana State constitution, HJR 1's intent was to put a cap on how much a property could be taxed in the state of Indiana—this proposed legislation would have proven to be extremely helpful to citizens after the property tax crisis that took place in the summer of 2007. However, Rep. Turner tried to amend discriminatory language from SJR 7 into HJR 1, stopping the resolution in its tracks.
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House Bill 1020—Umbilical Cord Blood Bank
House Bill 1020 would have established a statewide umbilical cord blood bank through the office of Family and Social Services. However, Rep. Stutzman took the opportunity to re-introduce a requirement for hospital privileges for abortion providers, as seen in SB 146. He offered two amendments, one explicitly and one implicitly requiring privileges, in the same vague language he later offered to SB 363. To avoid another debate on this unnecessary idea, HB 1020 was unfortunately not called for Second Reading and died for the session. Luckily, the umbilical cord blood bank language was amended into, and passed, as part of HB 1172.
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House Bill 1055—Assignment of Benefits
Rep. Charlie Brown authored HB 1055 to protect consumers of health insurance and guarantee proper payments be made in a timely manner on a patient's behalf. It passed through the House 60-38 on 1/30/08; however, the bill was killed in the Senate when Senator Waltz tried to amend in language requiring electronic health record systems for all abortion clinics, as well as birthing centers, hospitals and ambulatory outpatient surgical centers. While dealing with property tax issues, the Senate did not have time to debate the possible merits of this proposal. It was not called for Second Reading and died in the session.
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House Bill 1076—Bias Crimes
Rep. Porter has been trying for several sessions to pass a bill to educate law enforcement workers on bias crimes and provide civil rights to victims. Unfortunately, HB 1076 met the same fate it did earlier: death by poison pill amendment. Read the full story on HB 1076.
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House Bill 1107—Cultural Competency
Rep. Porter also authored HB 1107, which would have required that the state education board develop cultural competency training for teachers and staff. The bill passed through the Education committee and the House with no problems. However, in the Senate, Sen. Drozda amended his fetal development curriculum from SB 187 into HB 1107. Having more culturally aware staff and teachers in Indiana was apparently less important to some Senators than the opportunity to write up an anti-choice curriculum; the House and Senate could not reconcile the different versions of the bill in the conference committee. HB 1107 died at the end of session.
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House Bill 1172—Various Professions and Occupations
As it passed the House, HB 1172 dealt with requirements and regulations for nurses, dental hygienists, acupuncturists and other professions. The bill was hit with three poison pill amendments—two by Senator Miller dealing with fetal pain and hospital privileges (as in SB 146) and one from Senator Drozda dealing with pharmacists' right to refuse (as in SB 3). Luckily, all of these potential amendments that create blockades to women's health care access were ruled non-germane to the original legislation and never attached.
Also happily, other amendments were found to be germane, and HB 1172 became the vehicle to pass language from SB 363 (recognition of out of state emergency medical personnel in the case of a disaster) and HB 1020 (umbilical cord blood bank).
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House Bill 1323—Dialysis Treatment Coverage
House Bill 1323 would have required insurers and HMOs to provide coverage for dialysis treatment. This was the first bill this session to which Rep. Thompson offered his anti-abortion amendment in order to protect his friends in the insurance industry. When Rep. Thompson insisted upon calling the amendment, Rep. Fry (D-Mishawaka), the bill's author, withdrew HB 1323 rather than waste the legislature's time on such a ridiculous, redundant discussion.
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