Iowa AG says pause on paying for rape victims' emergency contraception still under review

Iowa Attorney General Brenna Bird's office says it is still reviewing whether to permanently halt the longstanding practice of paying for emergency contraception, and in rare cases abortions, for victims of sexual assault.

Bird, a Republican, paused those payments when she took office in January after ousting former Attorney Tom Miller, a Democrat.

She has previously said the pause in payments is part of a larger review of the state's victim services programs.

More: Iowa stops paying for rape victims' morning-after pills and abortions

On an episode of "Iowa Press" on Iowa PBS on Friday, Bird appeared to indicate she intends the change to be permanent.

"We did pause payments to entities like Planned Parenthood and others that were being reimbursed for abortions and for Plan B," Bird said. "However, those services still remain available under Iowa law to victims, it’s just whether public funds will pay for them."

"So once this audit is done, do you intend that to be the permanent policy?" Kay Henderson, the program's host, asked Bird.

"I do, yes. Once it's done," Bird said.

Alyssa Brouillet, a spokesperson for the attorney general, said afterward that Bird was not saying she had made a final decision about whether the state will pay for emergency contraceptives for assault victims.

Instead, Brouillet said, Bird was saying the final decision in the audit will be permanent.

More: Iowa nurses fear pause on paying for emergency contraception could drive away rape victims

"While not required by Iowa law, the victim compensation fund has previously paid for Plan B and abortions. As a part of her top-down, bottom-up audit of victim assistance, Attorney General Bird is carefully evaluating whether this is an appropriate use of public funds," Brouillet said in a statement Friday. "That audit is ongoing. Until that review is complete, payment of these pending claims will be delayed."

Brouillet did not indicate when Bird would make that decision but said the audit will likely be completed in the near future.

Under Miller, who held office for 40 years, the cost of emergency contraception for sexual assault victims was covered as part of the state's Sexual Assault Examination Payment Program.

The compensation fund is used to directly cover the expenses facing assault survivors who seek medical help, including the costs of forensic examinations and treatments for sexually transmitted infections, regardless of whether or not they report their assault to law enforcement.

However, the law that requires states to cover these costs makes no mention of compensation for contraceptives.

Still, Miller made it a policy to compensate health care providers for the cost of dispensing morning-after pills for victims who requested medication to prevent a pregnancy. In rare cases, the fund also covered the cost of victims' abortions under the previous attorney general.

Dollars for the victim compensation fund come from fines and penalties paid by individuals convicted of crimes. No general taxpayer dollars are used for the fund.

More: Agencies scramble to find money for rape victims' morning-after pills after payments paused

The attorney general's office has not disclosed how much it previously spent on emergency contraceptives and abortions. It also has not disclosed how many requests for reimbursement have been submitted by providers since the pause in payments went into effect.

In claims submitted by the University of Iowa Hospitals and Clinics to the Attorney General's Office obtained by the Des Moines Register, the cost for the emergency contraceptive pill named ella is $77.50.

The typical cost for one dose of Plan B, a common emergency contraceptive, is $50 at retail pharmacies.

Sexual assault response teams across the state have called on Bird to resume payment for morning-after pills, saying that providing free and confidential services in the immediate aftermath of their assault is critical to ensure all victims have access to this care. Advocates say forcing women to seek out and pay for their own emergency contraceptives would be a major barrier.

Victim services advocates say even if Bird decides to permanently halt payments, they will continue to provide these medications to victims without cost.

Bird said the office's audit of victim services programs has uncovered some "troubling" issues around the state, like counties that didn't have victim advocates to appear in court alongside victims.

"We need to make sure that every county is getting the services that they need," Bird said, "that whether someone is a victim of a crime in a small rural county or a large urban area, they need to have advocacy services."

Bird is a staunch abortion opponent and her office is defending a new state law in court that would ban nearly all abortions after about six weeks of pregnancy, once cardiac activity can be detected in the embryo.

Stephen Gruber-Miller covers the Iowa Statehouse and politics for the Register. He can be reached by email at sgrubermil@registermedia.com or by phone at 515-284-8169. Follow him on Twitter at @sgrubermiller.

Michaela Ramm covers health care for the Des Moines Register. She can be reached at mramm@registermedia.com, at (319) 339-7354 or on Twitter at @Michaela_Ramm.

This article originally appeared on Des Moines Register: Iowa attorney general still reviewing payments for rape victims' pills