Equality in Abortion Coverage Act

Physician and Outpatient Hospital Providers

The Equality in Abortion Coverage Act (EACA) was signed into law by the State of Rhode Island on May 18, 2023. Under the law, the EACA will provide insurance coverage for abortion care to individuals on Medicaid to increase access and reduce financial limitations of reproductive health care at the state level. The legislation (2023-S 0032, 2023-H 5006) eliminates sections of the law that expressly prohibit the state’s Medicaid programs from covering any abortion, except in cases of rape or incest or when the completion of the pregnancy would be life-threatening.

Historically, reimbursement for an abortion required providers to submit a form documenting that the reason for the abortion was rape or incest or because completion of the pregnancy would be life-threatening. In the event, that one of these conditions applies, providers should continue to follow that process.

To be paid for abortions newly eligible for payment under the EACA, providers should bill the applicable abortion CPT code with the modifier FP (SERVICE PROVIDED AS PART OF MEDICAID FAMILY PLANNING).  Claims billed without the new FP modifier will continue to deny unless accompanied by the required form described above.

Effective for dates of service on or after May 18, 2023, the following CPT codes can be billed with the FP modifier:

• 59840-FP         59841-FP         59850-FP
• 59851-FP         59852-FP         59855-FP
• 59856-FP         59857-FP         59866-FP
• S0190-FP         S0191-FP        S0199-FP

For questions, please contact Karen Murphy at karen.murphy3@gainwelltechnologies.com or (571) 348-5933.