Massachusetts probed over abortion coverage mandate

BOSTON — Massachusetts is being investigated by the Trump administration for alleged violations of federal law over a 2023 state mandate requiring private health insurers to cover abortion services.

The U.S. Department of Health and Human Services said Thursday it has launched investigations of Massachusetts and a dozen other states over claims they are violating the Weldon Amendment, a federal law that prohibits states from requiring private health care providers to cover abortions.

Paula M. Stannard, director of HHS’ Office for Civil Rights, accused the states of “coercing health care entities to provide coverage of, or pay for, abortion contrary to conscience” and said the probe will “address certain states’ alleged disregard of, or confusion about, compliance” with the law.

“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,” she said in a prepared statement.

But Gov. Maura Healey criticized the investigation and vowed to defend the state against efforts to limit access to reproductive services for women.

“This is the latest effort by President Trump and Secretary Kennedy to take away women’s reproductive rights,” Healey, a Democrat, said in a prepared statement. “We’re not going to be intimidated by this investigation, and we are going to continue protecting women’s access to reproductive health care.”

In 2022, then-Gov. Charlie Baker signed an executive order shielding providers of abortions and their patients from potential out-of-state legal action. The order came in response to the U.S. Supreme Court’s decision to overturn the Roe V. Wade ruling and federal protections for abortion.

Lawmakers and Gov. Maura Healey codified the “shield law” in 2023 and added a provision that requires private insurers in the state to provide health care coverage for the procedure.

Massachusetts is also one of 17 states where public money is used to fund abortions and other reproductive services for low-income women.

A 1981 Supreme Judicial Court ruling held that because the state provides medical coverage through its Medicaid programs to eligible women for births and other reproductive services, it must also provide coverage for abortions.

There have been efforts by conservative groups and the Catholic Church to restrict the use of taxpayer money for abortions over the years, but they have fizzled out amid a lack of support on Beacon Hill.

Overall, the number of abortions in Massachusetts has skyrocketed as women from other states where the procedure is banned or restricted seek reproductive care from the state’s health care providers.

There were 49,450 abortions performed by providers in the state in 2024, a more than 100% increase over the previous year. At least 27,863 of those reported abortions were women from other states, according to the most recent figures from the state Department of Public Health.

Christian M. Wade covers the Massachusetts Statehouse for North of Boston Media Group’s newspapers and websites. Email him at cwade@cnhinews.com.

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