“A bill to ensure affordable abortion coverage and care for every person, and for other purposes.”
No CRS summary available for this bill.
This section states congressional findings on barriers to abortion access, including (1) the need for access regardless of race, ethnicity, sex (including sexual orientation, gender identity, pregnancy, and sex characteristics), age, disability, income, insurance type, or sex work status; (2) post-Dobbs state bans or restrictions affecting more than 25 million women aged 15-44; (3) the Hyde Amendment's federal funding ban since 1976 (with narrow exceptions), impacting Medicaid's 54% female enrollees (nearly two-thirds of reproductive age, disproportionately women of color, LGBTQ individuals, and over 25% of non-elderly American Indian/Alaska Native women); (4) similar restrictions in the Indian Health Service since 1988; (5) 30 states plus D.C. imposing Hyde-like Medicaid limits as of 2025, affecting 5.5 million women aged 15-49; and (6) disproportionate harms to low-income people, women of color, immigrants, LGBTQ individuals, and youth (including 40% of those under 19 and 12% aged 19-25 insured via government programs).
This section defines, for purposes of the Act, two terms. "Abortion services" means an abortion and any services related to, and provided in conjunction with, an abortion, whether or not provided at the same time or on the same day as the abortion. "Health program or plan" means specified federal health programs or plans that pay the cost of, or provide, health care, including (1) Medicaid, (2) the Children’s Health Insurance Program, (3) Medicare, (4) Medicare supplemental policies, (5) the Indian Health Service program, (6) TRICARE, (7) health benefits for Department of Defense nonappropriated fund instrumentality employees, (8) veterans health care benefits under specified programs, (9) medical care for certain immigrants, refugees, and individuals in federal custody, (10) Federal Employees Health Benefits Program, (11) medical care for Peace Corps volunteers, and (12) other government-sponsored programs established after enactment.
This section requires coverage of abortion services in health programs and plans described in section 3(2) for all insured persons, enrollees, or recipients; directs the federal government, as a health care provider, to ensure access to abortion services in its facilities or contracted facilities for eligible individuals under those programs and plans; and prohibits the federal government from restricting, prohibiting, or inhibiting abortion coverage by state or local governments or private health plans.
This section repeals Section 1303 of the Patient Protection and Affordable Care Act, which (1) permitted a state to prohibit qualified health plans (QHPs) offered through an ACA Exchange from covering abortions beyond those permitted by federal law (i.e., non-Hyde Amendment abortions) if enacted by state law; (2) allowed QHP issuers to decide voluntarily whether to cover such abortions as essential health benefits, subject to state opt-outs; and (3) prohibited the use of federal premium tax credits or cost-sharing reductions for non-Hyde abortions in plans offering such coverage (requiring segregation of funds). (Thus, following repeal, states lack authority to prohibit such coverage in Exchange QHPs; QHP issuers face no federal restrictions on including non-Hyde abortions; and federal subsidies may support plans providing such coverage.) This section also makes conforming amendments by striking related provisions in the basic health program (42 U.S.C. 18051(d)(4)) and multi-state plan program (Public Law 111-148, §1334(a)(6)).
This section expresses the sense of Congress that (1) the federal government, acting as an insurer, employer, or health care provider, should serve as a model for the nation to ensure coverage of abortion services; and (2) restrictions on coverage of abortion services in the private insurance market must end.
This section provides a rule of construction stating that nothing in the Act preempts or affects any Federal, State, or local law that affords greater protections for abortion coverage or services than those required by the Act.
This section declares that this Act supersedes all federal law—statutory or otherwise, adopted before or after enactment—and its implementation and is not subject to the Religious Freedom Restoration Act of 1993 (RFRA). (Thus, RFRA's protections for religious exercise do not apply to this Act.)
This section establishes a severability clause, stating that the invalidity of any portion of the Act or its application to any person, entity, government, or circumstance does not affect the remaining valid portions or applications.