Your Health, Your Rights. A Guide to Free and Low Cost Sexual Health Care for Women in California

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1 Your Health, Your Rights A Guide to Free and Low Cost Sexual Health Care for Women in California

2 This guide is all about your rights to health care. It outlines how to find honest, affordable, and confidential help, and where to go for more information. You can find a full list of resources and programs to help you find and pay for health care services at the back of this guide. Table of Contents Protecting Your Rights Birth Control Having a Baby: Pregnancy and Birth Abortion Adoption How Can I Pay for Sexual Health Care Services?... 6 Applying for Programs Information for Immigrants Private Health Insurance Where to Get Help

3 Protecting Your Rights California has some of the strongest laws in the country that guarantee your right to obtain sexual and reproductive health care services, and will pay for many of these services, too. Whether you are married, in a relationship, or single, you have rights. You have the right to: get the truth about all your sexual and reproductive health care options make your own decisions about sex decide what you want to do if you re pregnant get free or low-cost care if you can t afford to pay for it You do not: need anyone s permission to have an abortion, have a baby, or get birth control need anyone s permission to get tested or treated for STIs have to tell anyone about your decision This guide is available in both English and Spanish. Additional resources, including for women under eighteen, can be found at or by calling the ACCESS Healthline at This guide was produced by the ACLU of Northern California and ACCESS. 1

4 If you think you might be pregnant, knowing your legal rights can help you get the care you need. You and only you can decide whether or not to have a baby. In California, the law protects your right to make this important choice for yourself. The law also protects your privacy. When you go to a doctor or clinic for help, you don t need anyone s permission. No one else not your partner, husband or parents has to know unless you want them to. Birth Control Birth control is legal in California. If you plan to have sex and don t want to get pregnant, you have a number of options for birth control, including condoms, the pill, the ring, the patch and the IUD. Talk to your doctor, go to a family planning clinic, or check out the websites in this guide to learn more about your birth control options. To find out where to get affordable birth control see the Where to Get Help section at the end of this guide. Can the pharmacist refuse to give me birth control? In California, pharmacies that stock birth control drugs and devices must give patients timely access to them. A pharmacist cannot prevent you from obtaining birth control because you aren t married or because it conflicts with the pharmacist s personal or religious beliefs. The pharmacy must have rules in place to ensure that, whatever the pharmacist s personal views, you can obtain the medicine you need. What if I didn t use protection and am worried about having a sexually transmitted infection (STI)? You have the right to obtain confidential testing and treatment for STIs and HIV. What if my partner is tampering with my birth control or is hurting me? You have the right to be free from violence and manipulation. Find confidential help from the resources listed at the end of this guide. What if I m pregnant? You have a right to a confidential pregnancy test. The earlier you know that you re pregnant, the more options that you have. So you should obtain a pregnancy test right away. If you decide to carry the pregnancy to term, California has many great programs to help you get prenatal care to keep you and your baby healthy. There are also programs available if you decide to end the pregnancy. 2

5 WHAT YOU NEED TO KNOW: EMERGENCY CONTRACEPTION Sometimes called the morning-after pill, plan B or EC, emergency contraception can keep you from getting pregnant if your condom broke or you if you didn t use any birth control during sex. EC only works during the first five days after having unprotected sex but the sooner you take it, the more likely it is to work. Anyone over 16 can obtain EC from a pharmacy without going to see a doctor first. You will have to ask for it at the pharmacy counter. You also don t need to wait until an emergency to purchase it. Many people purchase emergency contraception ahead of time, just in case. Having a Baby: Pregnancy and Birth If you decide to give birth, you will need medical care while you re pregnant and after. Some state programs will pay for the care you need if you can t afford it. What about my job? It s illegal for most companies to fire or demote you because you re pregnant or have a child. If you ve worked at the same place for a year before you have the baby, you may take an unpaid leave of up to 12 weeks, and get your job back afterwards. The law also protects your right to breastfeed at work and, in many situations, to take time off to care for ill children. If I keep the baby, does the father have to help out? Yes. If you decide to raise your child yourself, you have a right to some child support from the father, even if you re not married to each other. If the father does not want to provide support, you may have to go to court to determine a payment amount. To find out more about child support, see 3

6 Abortion Abortion is legal in California. You have the right to end your pregnancy until a doctor decides that the fetus could live outside of your body usually about six months after you become pregnant. After that, if the pregnancy puts your health or life at risk you may still be able to get an abortion. If I get an abortion, will it be confidential? Yes. No one else has the right to know or do anything about it not your boyfriend, partner, or husband unless you want to involve them. You do not need anyone s permission, and the law protects your privacy. If it s useful for you, try to find someone you trust, like a friend, relative or counselor for support. Where can I get an abortion? Many family planning clinics, hospitals and some doctor s offices provide abortion services. The contact information at the back of this guide will help you find them. Even though abortions are legal, doctors and nurses do not have to offer them. For example, some hospitals and clinics that are owned by churches refuse to perform abortions. If someone at a clinic or doctor s office tells you that you cannot get an abortion, make sure they re telling you the truth. Get another opinion by calling ACCESS or a Planned Parenthood clinic. (See page 11.) WARNING: ALL CLINICS ARE NOT ALIKE Some clinics pretend to offer comprehensive family planning services but will not tell you about all of your options. They call themselves Crisis Pregnancy Centers or Pregnancy Resource Centers but sometimes they use other names. Some of them give misleading information to try to keep you from having an abortion. See Where to Get Help on page 11 in this guide for referrals to clinics that will tell you the whole truth and give you all of your options. 4

7 Adoption If you aren t ready to be a parent, but don t want to have an abortion, you can place your child for adoption. Adoption means giving up your legal rights as a parent, as well as your responsibilities. What if I change my mind and want to keep the baby after all? Before the baby is born, you can change your mind at any time. After the birth, you sign papers which become your final consent 30 days after signed. Within that 30 day period you still have the right to change your mind. You have the option of waiving part of the 30 day period if you choose. After this 30 day period, the adoption is permanent. Does the baby s father have to know about the adoption? Sometimes. Call the adoption numbers in this guide to find out more. What if I didn t make adoption arrangements and I m about to give birth? Don t panic! The law allows parents to bring a newborn baby to a hospital or fire station up to three days after birth, without getting in trouble or having to give their names. This is to ensure a newborn will be cared for if the parents are unable to. If you do this, you then have two weeks (14 days) to change your mind before your rights as a parent are relinquished. 5

8 How can I pay for sexual health care services? In California, you have the right to free or low-cost reproductive health care if you don t have insurance, don t want to use your parents insurance or can t pay on your own. Some clinics have sliding fee scales: they charge a smaller fee to people who have less money. These California programs can help you pay for care: Family PACT (often recognized by a turquoise green card) is a state program that pays for many sexual and reproductive health services like pregnancy tests, birth control, STD testing and treatment, and counseling. It does not pay for abortions, prenatal care or maternity care. The services are confidential, and you can get them regardless of your age or immigration status. You can sign up for Family PACT at a participating clinic, hospital or doctor s office. WHAT YOU NEED TO KNOW: FINDING THE RIGHT FAMILY PACT PROVIDER When making an appointment with a Family PACT clinic, be sure to ask whether they offer referrals and resources for pregnancy, adoption and abortion. Depending on your health care situation, you may need additional support to deal with an unplanned pregnancy and you will want to know all of your options. To find a participating health care provider, call or visit 6

9 Medi-Cal pays for pregnancy related care, including abortion, if your income is very low. You can apply for this program even if you are a minor or an undocumented immigrant. Medi-Cal services are confidential. There are several types of Medi-Cal programs for sexual health services that you might qualify for: Presumptive Eligibility for pregnant women provides immediate, temporary Medi-Cal coverage for prenatal care, abortion services and prescription drugs for pregnancy to low-income, pregnant patients, pending a formal Medi-Cal application. You can apply for Presumptive Eligibility at a clinic, hospital or doctor s office. To find a provider that can sign you up for Presumptive Eligibility, call Restricted Medi-Cal for Pregnancy (also known as Emergency Medi-Cal ) pays for abortion, pre-natal care, labor, delivery and postpartum services for women through 60 days after the pregnancy ends. You have to apply for Restricted Medi-Cal at a local county social service office. Minor Consent Services Medi-Cal pays for family planning services, including pregnancy tests, prenatal care, abortion, STI treatment, drug and alcohol treatment and mental health care. To qualify, you must be under 21 years old and still living with or financially dependent on parents or guardians. Medi-Cal counts only the money you earn, not your parents or guardians income. You have to apply for Minor Consent Services at a local county social service office. Access for Infants and Mothers (also called the AIM Program) pays for comprehensive health coverage for medically necessary services a pregnant woman has throughout her pregnancy and for 60 days after her pregnancy ends. The baby is covered for two years after birth. AIM beneficiaries are above the income level to qualify for Medi-Cal so they usually have a share of cost in the form of a small monthly premium. You can apply for Access for Infants and Mothers at a local county social service office or by mail. See page 8 for more about receiving care through these programs. 7

10 WHAT YOU NEED TO KNOW: You can find your local county office by calling the ACCESS Healthline at or online at: pages/countyoffices.aspx. Some clinics have sliding fee scales: they charge a smaller fee to people who have less money. APPLYING FOR PROGRAMS To apply for most of the programs mentioned on the previous page, you have to go to a county social service office and apply in-person. You may need to bring a completed application, proof of California residency or proof of income. Call the local office before you to find out what information or documents you need to apply and bring as much of the required paperwork as possible so that you can submit your application completely and quickly. QUALIFYING FOR THESE SERVICES Many Medi-Cal programs use the Federal Poverty Level to decide whether a person is eligible for certain programs. Eligibility is based on the size of your family and how much money you make. Your eligibility will be determined when you apply. 8

11 ARE YOU AN IMMIGRANT? If you are an immigrant seeking family planning services you have rights and options, no matter what your citizenship status is. If you qualify financially, you can access services through Family PACT, Presumptive Eligibility, Restricted Medi-Cal and Access for Infants and Mothers. Eligibility does not depend on your immigration status as long as you are a California resident. You will need to show proof of current California residency, such as a phone bill or verification for school enrollment, in addition to any paperwork required for the program you choose. 9

12 Private Health Insurance If you have private health insurance: It probably pays for prenatal care, maternity services and abortion. You will have to check your policy or call the company to be sure. If you use your parents or spouse s insurance, or go to a family doctor, your family could find out. If you don t want them to know, ask ahead of time about what will or won t be kept private. If you don t think your family doctor or insurance company will keep your information confidential, you can use the resources listed on at the back of this guide. WHAT YOU NEED TO KNOW: HEALTH INSURANCE AND BIRTH CONTOL If you have insurance through your job or your parents' or spouse s job and it covers prescription drugs, then it probably covers prescription birth control, such as pills, patches and shots. California law requires this from most companies that provide health plans. This law helps insured women save money on birth control, which would otherwise be an out of pocket expense. 10

13 WHERE TO GET HELP Where can I go for sexual health services or to get more information? ACCESS (Español: ) or The ACCESS Healthline has peer counselors to help women and men understand their options, and find free or low-cost services they need. They can answer your questions about Family PACT, Medi-Cal, private insurance and any other sexual health issues. Family PACT or Family PACT is a state programs that pays for many sexual and reproductive health services, and can help you find a health care provider who can sign you up for this program (see page 6). Planned Parenthood PLAN or You can get affordable and confidential health care at Planned Parenthood health centers across the state. They offer a wide range of services for both teens and adults. Call to connect with the nearest center to make an appointment or to get health information. Emergency Contraception or Call this free hotline for the names and phone numbers of places where you can get emergency contraception, also called Plan B, EC and the morning-after pill. The information in this guide is also online in both English and Spanish at 11

14 Where can I find out about adoption? Adoption Choices of Northern California: , or our-services/adoption Adoption Choices of Northern California is a private, non-profit adoption service which connects birth parents to prospective adoptive parents in California. They provide adoption facilitation of newborns or toddlers. Adoption Connection: or Adoption Connection is a non-profit adoption agency that works with birth parents anywhere in the United States and with adoptive parents in 19 counties in Northern California. PACT an Adoption Alliance: or PACT is a non-profit organization dedicated to providing the quality adoptionrelated services to children of color, their birth parents and their adoptive parents. Is someone hurting you? Many people suffer violence, abuse and manipulation from their partners. This includes forced sex, tampering with birth control or refusing to use a condom. If you or someone you know is afraid or needs help you can call the following resources: National Domestic Violence Hotline: or Rape, Abuse and Incest National Network: HOPE ( ) or California Coalition Against Sexual Assault: or 12

15 Advocacy Organizations on Your Side These groups help protect your right to make your own decisions about pregnancy and birth control. Call them if you think your reproductive rights have been violated: The American Civil Liberties Union (ACLU): in northern California, or in southern California, or in San Diego, or NARAL Pro-Choice California: or Planned Parenthood Affiliates of California: or If you have questions about maternity leave or think you ve been treated unfairly at school or at work because you re pregnant, here are some places to get advice and legal help. California Women s Law Center: or Equal Rights Advocates: or This guide was produced in November

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