The probes are the latest in a long-running dispute between the political parties on how to interpret a provision, known as the Weldon Amendment, that's included in federal spending laws each year. It bars states from discriminating against health entities that don't provide, cover or refer for abortion.
When Democrat Joe Biden was president, the U.S. Department of Health and Human Services' civil rights office said the provision didn't pertain to employers or other health care sponsors. The Trump administration said this year that it does.
The administration says that potentially puts states with abortion coverage requirements in violation of the law, because they may not allow employers or other health care issuers to opt out. It said it was sending out letters to gather more information from those states.
The HHS civil rights office launched the investigations “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 with the coverage requirements are California, Colorado, Delaware, Illinois, Maine, Maryland, Massachusetts, Minnesota, New Jersey, New York, Oregon, Vermont and Washington. All except Vermont have Democratic governors.
