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Plaintiffs Say ACA Equity Rules Illegally Require Abortion, Gender Transition Services


Plaintiffs Say ACA Equity Rules Illegally Require Abortion, Gender Transition Services
Health Affairs (blog)

It also asserts that the regulations prohibit discrimination on the basis of âtermination of pregnancyâ and fail to provide an exclusion for abortions, thus requiring coverage of abortions. The states allege that the regulation requires them to cover gender transition services and interferes with their âzealousâ protection of the physician-patient relationship.What The Section 1557 Rules Say About AbortionThe decision of HHS to interpret section 1557 to cover gender identity and gender transition services has been controversial, although supported by precedent. But it is on the whole difficult to square the complaint with the actual language of the 1557 rule. Although the rule prohibits discrimination against women who have had an abortion, nothing in the 1557 rule requires the provision or coverage of abortions, and indeed the preface explicitly states that:nothing in Section 1557 displaces the ACA provisions regarding abortion, including but not limited to the provision that no qualified health plan offered through a Marketplace may discriminate against an individual health care provider or health care facility because of its unwillingness to provide, pay for, provide coverage of, or refer for abortions; provisions that state that nothing in the ACA shall be construed to require a qualified health plan to provide coverage of abortion as an essential health benefit; and the provision permitting States to prohibit abortion coverage in qualified health plans and restricting the use of Federal funding for abortion services.

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