Maine is one of 13 states the federal government is investigating over allegations that officials are violating federal law by forcing health insurers to provide coverage for abortions.
The U.S. Department of Health and Human Services’ Office for Civil Rights said it is looking at whether the states are in violation of the Weldon Amendment, a provision of federal spending law that bars states from discriminating against health care entities that choose not to pay for or provide insurance coverage for abortions.
“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, in a written statement last week.
“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.”
Gov. Janet Mills pushed back on the compliance review by the federal government, saying Friday that it is “nothing more than a facade aimed at restricting abortion access.”
“Donald Trump, empowered by Republicans in Washington, is pulling every lever of the federal government to hurt women and undermine our fundamental rights, but let me be clear: Maine will not be intimidated nor will we back down from defending reproductive freedoms,” Mills said.
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Since 2019, Maine law has required that state-regulated health insurance plans that cover maternity services include abortion care. The law allows for exemptions for religious employers for whom coverage would conflict with their beliefs and practices.
The Weldon Amendment, first enacted in 2005, is one of a series of provisions known as conscience laws, which provide legal protections for individuals and health care entities that choose not to provide abortions or other types of care because of religious or moral objections.
The provision has long been the subject of partisan disagreement. When Democrat Joe Biden was president, DHHS’ civil rights office said the amendment didn’t pertain to employers or other health care sponsors. The Trump administration said this year that it does.
State officials did not immediately respond Monday to a question about whether they plan to turn over the data and information the Trump administration has requested. In her statement Friday, the governor said she “plans to stand in the way of this latest attack.”
The other states being investigated are: California, Colorado, Delaware, Illinois, Maryland, Massachusetts, Minnesota, New Jersey, New York, Oregon, Vermont and Washington. All except Vermont have Democratic governors.
The inquiry into abortion coverage is among several probes into state government in Maine that the Trump administration has launched.
State and federal authorities are currently going back and forth over management of Maine’s Medicaid program. The U.S. Department of Justice has also sued the state in separate lawsuits over its policies allowing transgender athletes to compete in school sports in a way that aligns with their gender identity and over its refusal to turn over voter registration lists.
Material from the Associated Press was used in this report.
Why the Trump administration is investigating Maine’s abortion laws
