WASHINGTON, D.C. – The U.S. Department of Health and Human Services on Thursday announced an investigation into 13 states that require health insurance plans to cover abortion care.
In a news release, the agency said the investigation is based on allegations that the states are coercing health care entities to provide coverage of abortion “contrary to conscience” and in violation of a federal law known as the Weldon Amendment.
“OCR launches these investigations to address certain states’ alleged disregard of, or confusion about, compliance with the Weldon Amendment,” said Paula Stannard, director of the HHS Office for Civil Rights in a statement. “Under the Weldon Amendment, health care entities, such as health insurance issuers and health plans, are protected from state discrimination for not paying for, or providing coverage of, abortion contrary to conscience. Period.”
But reproductive rights advocates say it is a tactic to make abortion harder to access in states that have fortified protections.
“At a time when abortion care is getting harder and harder to access, we are deeply concerned that the few states that have taken steps to protect access are now under attack,” said Katie O’Connor, senior director of federal abortion policy at the National Women’s Law Center, in a written statement. “These investigations also follow a familiar pattern from the administration: attacking states that the president views as political threats.”
Earlier this year, HHS’ Office for Civil Rights clarified the Trump administration would interpret the Weldon Amendment to allow employers and insurance plan sponsors to opt out of covering or paying for abortions because of their personal beliefs, contradicting the Biden administration’s interpretation. The agency sent a letter to top officials in Illinois in January, alleging violations of the Weldon Amendment and the Coats-Snowe Amendment. The latter prohibits governments from discriminating against health care entities as it relates to abortion training or participation.
The agency did not specify the states being investigated, but the Washington Post reports that states with abortion-related coverage requirements are: California, Colorado, Delaware, Illinois, Maine, Maryland, Massachusetts, Minnesota, New Jersey, New York, Oregon, Vermont and Washington, which all have Democratic governors except for Vermont.
States defended their laws and criticized the probe as political, following the announcement.
“Donald Trump’s latest ‘investigation’ is nothing but a fishing expedition wasting taxpayers’ money,” said New Jersey Gov. Mikie Sherrill, the New Jersey Monitor reported.
The Vermont Department of Financial Regulation said it is reviewing the federal government’s notice and working with other state agencies to prepare a response.
“DFR does not believe that it has unlawfully coerced or discriminated against any insurer related to the coverage of abortions as outlined in the (federal government’s) request,” Commissioner Kaj Samsom told the VT Digger. “We stand firmly behind the law in question and the protections and choice it provides Vermonters.”
The Heritage Foundation floated the proposal to withhold Medicaid funding for states in violation of the Weldon Amendment in its controversial presidential administration blueprint Project 2025, which President Donald Trump disavowed during his campaign.
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