The EACH Act of 2023 would require federal health insurance programs to cover abortion services, removing a ban that has been in place since 1976. Right now, if you get health insurance through Medicaid, Medicare, the Veterans Health Administration, military health coverage (TRICARE), or several other federal programs, the government won't pay for abortion care except in very limited situations like when the pregnancy threatens the mother's life. This bill would change that by requiring all these federal programs to cover the full cost of abortion services, just like they cover other medical procedures.

The bill's supporters argue this ban disproportionately hurts low-income people, women of color, and LGBTQ individuals, who rely more heavily on these federal programs. According to the bill, about 7.2 million women of reproductive age on Medicaid live in states where abortion isn't covered, and roughly 25% of women on Medicaid who want an abortion can't afford to get one because of the funding restriction. The bill also prevents states and private insurance companies from banning abortion coverage in their health plans.

The bill would apply to Medicaid, Medicare, the Children's Health Insurance Program, Indian Health Service, military health coverage, veteran benefits, federal employee health plans, and coverage for refugees and people in government custody. It would essentially treat abortion like any other medical service covered by these programs. The bill also states that religious objections cannot be used to override these coverage requirements.

EACH Act of 2023

Duckworth, Tammy

Equal Access to Abortion Coverage in Health Insurance Act of 2023 or the EACH Act of 2023 This bill requires federal health care programs (e.g., Medicaid, Medicare, and the Children's Health Insurance Program (CHIP)) to provide coverage for abortion services and requires federal facilities to provide access to those services. Currently, coverage for such services under federal programs is generally only available in the case of rape, incest, or life endangerment. Additionally, the bill repeals certain provisions of the Patient Protection and Affordable Care Act that permit states to prohibit coverage of abortion services in plans offered through a health insurance exchange in the state. The bill also permits qualified health plans to use funds attributable to premium tax credits and reduced cost sharing assistance to pay for abortion services. The bill is not subject to the Religious Freedom Restoration Act of 1993, which generally prohibits the federal government from substantially burdening a person's exercise of religion even if the burden results from a generally applicable law.