The Department of Health and Human Services (HHS) sent California a
letter saying that the state’s mandatory abortion coverage rule for
insurers violates federal law and could result in federal funding for
the state being withdrawn, the department announced Friday.
Roger Severino, director of HHS’s Office for Civil Rights, said
Friday morning on a phone call with reporters that his office was also
looking at other states for possible violation of the
Weldon Amendment,
which bars federal agencies from making grants to entities that
discriminate against healthcare providers who don’t provide abortions.
“We are aware of complaints with respect to other states and can’t
comment on any potential or active investigations but we’re sending the
message that if any state does what California has done would be
likewise found to be in violation.”
Although Severino did not name specific states, three states require
all private health plans to cover abortion with no copays, according to
the
Guttmacher Institute,
a pro-choice organization that tracks abortion laws: Oregon, New York,
and Illinois. Washington and Maine require private plans that cover
prenatal care to also cover abortion. State laws covering
insurance-related issues apply only to fully-insured health plans, not
the “self-insured” plans offered by most large employers.
Issue Surfaced 6 Years Ago
In August 2014, California’s Department of Managed Health Care sent
letters to seven health plans — Aetna, United Healthcare, Blue Shield of
California, GEMCare, Anthem Blue Cross, Health Net, and Kaiser
Permanente — informing them that “the Knox-Keene Health Care Service
Plan Act of 1975 requires the provision of basic healthcare services and
the California Constitution prohibits health plans from discriminating
against women who choose to terminate a pregnancy. Thus, all health
plans must treat maternity services and legal abortion neutrally” and
must provide coverage for abortions. “As a result of this action, 28,000
people lost their plans that don’t cover abortion,” Severino said.
HHS received complaints about the coverage mandate from two
California religious organizations, Severino said: the Missionary
Guadalupanas of the Holy Spirit, a Catholic order of religious sisters;
and Skyline Wesleyan Church, a non-profit Christian church. “This is a
redux of the promises made under Obamacare: ‘If you like your plan, you
can keep it,'” Severino said. “That’s not the case here,” since people
who had previously “enjoyed abortion-free plans” had to either get
another plan or drop out of insurance coverage altogether, he added.
“That’s not only wrong, but it’s against the law.”
California has 30 days to come into compliance with the law, he
added. “This is the second time California violated [the] Weldon
amendment; now they’re repeat offenders.” Severino was referring to a
2018 Supreme Court case known as
National Institute of Family and Life Advocates v. Becerra.
The case involved a state requirement that crisis pregnancy centers,
which offer pregnant women support services as an alternative to
abortion, have to post a notice advertising that the state provides free
and low-cost access to reproductive healthcare, including abortion. The
Supreme Court
sided with the crisis pregnancy centers, ruling that they didn’t have to post such a notice.
“Conscience laws have been left dormant and ignored by previous
administrations for far too long, and violators will be held
accountable,” said Severino. “If California wants to provide abortion
services, they can do so. What the state is not free to do is force
people to pay for other peoples’ abortions and force private employers
to pay for coverage of other peoples’ abortions, and to force parents to
pay for coverage for abortion for their children. That a state cannot
do while receiving federal funds.”
Governor Weighs In
California Gov. Gavin Newsom (D) criticized the administration’s
move. “Despite a federal opinion four years ago confirming California’s
compliance with the Weldon Amendment, the Trump administration would
rather rile up its base to score cheap political points and risk access
to care for millions than do what’s right,” Newsom said in a statement.
“California will continue to protect a woman’s right to choose, and we
won’t back down from defending reproductive freedom for everybody — full
stop.”
Groups on both sides of the issue also weighed in. “Today’s
announcement is just the latest move in the administration’s unending
effort to take away access to reproductive healthcare, including
abortion, and ultimately to control women’s bodily autonomy,” Jamille
Fields Allsbrook, director of women’s health and rights at the Center
for American Progress, a left-leaning think tank here, said in a
statement. “This rollback comes days after the Trump administration took
the unprecedented step toward allowing Texas to use federal funds to
discriminate against trusted family planning providers — including but
not limited to Planned Parenthood — undermining patients’ access to
sexual and reproductive healthcare.”
Allsbrook also criticized the Trump administration’s
recently finalized rule
requiring insurers on the Affordable Care Act’s health insurance
exchanges who provide abortion coverage to issue separate bills for that
coverage to their enrollees. “These three actions are among many this
administration has taken over the course of the past 3 years to target
reproductive healthcare,” she said.
Conservative Group Responds
In contrast, the Alliance Defending Freedom — a conservative legal
organization — praised the move. “We commend the Trump administration
and HHS’s Office for Civil Rights for investigating and taking
corrective action against the state of California for its flawed
policies, persistent violation of federal law, and its willful disregard
for the civil rights and conscience rights of its citizens,” Alliance
legal counsel Denise Harle said in a statement. “No one should force a
church or any other employer to participate in funding abortion.”
The HHS action came on the same day as the annual March for Life
here, organized each year by anti-abortion groups on or near the
anniversary of
Roe v. Wade, the 1973 Supreme Court decision
legalizing abortion. President Trump appeared at the march, saying, “It
is my profound honor to be the first president in history to attend the
March for Life!” Previous presidents sent remarks on video to the march.
“Unborn children have never had a stronger defender in the White
House,” Trump said. “Young people are the heart of the March for Life –
and it is your generation that is making America a pro-family, pro-life
nation!”
https://www.medpagetoday.com/obgyn/pregnancy/84528