Trump Admin Launches Investigation of States That Mandate Health Insurance Covers Abortion
The Trump administration announced Thursday that it has opened investigations into 13 states that mandate abortion coverage in state-regulated health insurance plans, escalating a legal and political dispute over federal conscience protections.
At the center of the issue is the Weldon Amendment, a provision included annually in federal spending bills that prohibits governments from penalizing healthcare entities that decline to provide, cover, or refer for abortion services.
During the Biden administration, the Department of Health and Human Services’ Office for Civil Rights took the position that the amendment did not apply to employers or plan sponsors. The current administration has reversed that interpretation, arguing that the protections do extend to those groups.
Officials now contend that states requiring abortion coverage could be violating federal law if they do not allow insurers or employers to opt out. The administration said it has sent formal inquiries to the states in question to gather further details.
The investigations were initiated by the HHS Office for Civil Rights. “to address certain states’ alleged disregard of, or confusion about, compliance with the Weldon Amendment,” office Director Paula M. Stannard said 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,” Stannard said.
The states under review include California, Colorado, Delaware, Illinois, Maine, Maryland, Massachusetts, Minnesota, New Jersey, New York, Oregon, Vermont, and Washington. All but Vermont are led by Democrat governors.
The Weldon Amendment is part of a broader set of so-called conscience protections, which shield individuals and healthcare organizations that decline to participate in abortion services or certain medical procedures based on religious or ethical beliefs.
Legal experts say the interpretation of the amendment has shifted depending on which party controls the White House. Mary Ziegler, a law professor at the University of California, Davis, noted that there has been a “partisan swing” in how broadly or narrowly the provision is applied.
Ziegler added that because the text of the amendment does not explicitly reference employers or plan sponsors, Democrats may have a stronger argument, though the issue has not yet been definitively settled in court.
Elizabeth Sepper, a law professor at the University of Texas at Austin, pointed to policy proposals from the Heritage Foundation, including Project 2025, which suggested that a Trump administration could cut off Medicaid funding to states found to be in violation of the amendment.
“What we’re seeing here is the fulfillment of a promise to the religious right,” she said.
During Trump’s first term, his administration sought in 2020 to withhold federal healthcare funding from California over what it viewed as a violation of the Weldon Amendment. That decision was reversed the following year when a new administration took office.
{Matzav.com}
