HHS Investigating 13 States For ‘Coercing’ Abortions

The Weldon Amendment is a 2005 federal law that prohibits state and local governments from discriminating against health care providers who refuse to perform abortions based on their personal beliefs.  The Trump Administration is now investigating 13 states for violating the Weldon Amendment by mandating abortion coverage in health insurance plans.  The Administration argues that these requirements can infringe on the rights of health care providers who object to abortion:

https://www.hhs.gov/press-room/hhs-ocr-investigates-thirteen-state-abortion-coverage-mandates-under-federal-conscience-law.html

https://www.hhs.gov/press-room/fact-sheet-announcements-on-conscience-and-life.html

FOR IMMEDIATE RELEASE

HHS’ Office for Civil Rights Investigates Thirteen States Under Federal Conscience Law
By HHS Press Office - March 19, 2026

WASHINGTON— March 19, 2026 —The U.S. Department of Health and Human Services (HHS), Office for Civil Rights (OCR) today announced investigations of thirteen states under a federal health care conscience law—the Weldon Amendment—based on information that the states are allegedly coercing health care entities to provide coverage of, or pay for, abortion contrary to conscience.

The Weldon [PDF, 37 KB] Amendment, among other things, 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 clarified its best reading of the Weldon Amendment earlier this year when it 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, among other regulated entities, 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.

”Today’s announcement advances an Administration promise, corrects misguided legal interpretations of laws that OCR enforces, and builds on HHS’ recent efforts to enforce conscience rights and protect human life, most recently in Illinois. More broadly, OCR initiated investigations last year to protect health care workers, support whistleblowers, and reinforce adherence to religious and conscience exemptions in the Vaccines for Children Program.

For more information about recent actions, view the Fact Sheet: HHS Takes Comprehensive Action to Enforce Conscience Rights and Protect Human Life, and OCR’s conscience and religious freedom webpage.

If you believe that you or someone else has been discriminated against because of race, color, national origin, disability, age, sex, religion, or the exercise of conscience in programs or activities that HHS directly operates or for which HHS provides federal financial assistance, you may file a complaint with the HHS Office for Civil Rights.

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