Yesterday, the Department of Health and Human Services, Office for Civil Rights, announced that it has launched investigations of 13 states for potential violations of the Weldon Amendment's protection of conscience rights. According to the Release, these states may be relying on a now-rescinded interpretation that allowed states to require health plan sponsors and employers to provide abortion coverage because they do not meet the definition of “health care entity” under the Weldon Amendment. According to the Release:
The Weldon Amendment ... protects Americans’ conscience rights by prohibiting federal, state, or local government discrimination against health care entities that choose not to pay for, or provide coverage of, abortion. OCR ... earlier this year ... repudiated a 2021 case-specific letter that excluded employers and plan sponsors from the scope of health care entities that the Weldon Amendment protects. OCR informed states ... that they should no longer rely on the now-repudiated legal position.
“OCR launches these investigations to address certain states’ alleged disregard of, or confusion about, compliance with the Weldon Amendment,” said Paula M. Stannard, Director of the HHS Office for Civil Rights. “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.”
