HHS Investigates 13 States on Abortion Coverage Rules

The U.S. Department of Health and Human Services announced on Thursday that its Office for Civil Rights has initiated investigations into 13 states over requirements that state-regulated health insurance plans cover abortion services. The probes target policies in California, Colorado, Delaware, Illinois, Maine, Maryland, Massachusetts, Minnesota, New Jersey, New York, Oregon, Vermont and Washington, all of which mandate such coverage for certain insurers.

The investigations stem from the Weldon Amendment, a provision enacted in 2005 and renewed annually in federal spending laws. It prohibits states and local governments receiving federal funds from discriminating against health care entities, such as insurance issuers and plans, that refuse to provide, pay for, cover or refer for abortions based on conscience objections. HHS officials contend that the states' mandates may violate the amendment by preventing employers and other plan sponsors from opting out of abortion coverage, effectively coercing them into plans that include it.

In letters sent to the states, the office requested detailed information on how the policies are implemented, giving each state 20 days to respond....