Trump administration opens investigation against 13 states for pressuring providers to perform abortions

The Department of Health and Human Services (HHS) announced Thursday that it is opening investigations against 13 states across the country over suspicions that they may be violating federal protections related to abortion objections, accusing them of "coercing" health care entities to provide such services. The department's Office for Civil Rights (OCR) will examine whether these states are complying with the Weldon Amendment, which prohibits governments that receive federal funds from discriminating against providers who refuse to cover, fund, refer or perform abortions.

"OCR launches these investigations to address certain states’ alleged disregard of, or confusion about, compliance with the Weldon Amendment. 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," said Paula Stannard, director of OCR.

The states under review include California, Colorado, Delaware, Illinois, Maine, Maine, Maryland, Massachusetts, Minnesota, New Jersey, New York, Oregon, Vermont and Washington. Each has been given 20 days to respond to formal inquiries sent by the department. Weldon clarified that the investigations were not prompted by new complaints, noting that previous cases had mostly been closed under the previous administration.

The provision-enacted in 2005-was designed to prevent state and local governments from pressuring medical providers, insurers and health plans to engage in abortion-related services despite religious or moral objections. IIn 2021, Democratic President Joe Biden's administration withdrew a violation notice previously issued against California during the administration of President Donald Trump. At the time, HHS argued that the definition of "health care entity" under the Weldon Amendment should be interpreted more narrowly, excluding churches and certain religious organizations.