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• Posted March 25, 2026

Federal Officials Investigate States That Require Abortion Coverage

Federal health officials say they are looking into 13 states that require certain health insurance plans to cover abortion.

The U.S. Department of Health and Human Services (HHS) has announced that its civil rights office has opened investigations to gather more details from these states. Twelve have governors who are Democrats.

At the center of the issue? A rule known as the Weldon Amendment. Included in federal spending laws each year, it says governments cannot punish health care organizations that choose not to provide, cover or refer patients for abortions.

HHS officials say some state laws may not follow that rule.

They are now checking whether states allow insurers, employers or health plans to opt out of abortion coverage.

The investigations are meant “to address certain states’ alleged disregard of, or confusion about, compliance with the Weldon Amendment,” said Paula Stannard, director of HHS’ civil rights office.

“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,” Stannard added.

These states have the coverage requirments: California, Colorado, Delaware, Illinois, Maine, Maryland, Massachusetts, Minnesota, New Jersey, New York, Oregon, Vermont and Washington.

All but Vermont have Democratic governors. Some state leaders strongly disagree with the move.

"New Jersey requires health insurance plans to follow all applicable laws, including protecting women’s reproductive freedom," said Gov. Mikie Sherrill. "So Donald Trump’s latest ‘investigation’ is nothing but a fishing expedition wasting taxpayers’ money."

The main question is how the Weldon Amendment should be interpreted.

Under former President Joe Biden, federal officials said the rule did not apply to employers or plan sponsors. The Trump administration says it does apply.

Mary Ziegler, a law professor at the University of California, Davis, pointed to a "partisan swing" depending on which party is in power, in how broadly or narrowly it is interpreted.

She said the law does not clearly mention employers, so the court may need to decide what it means.

In the past, similar disputes have led to threats to cut funding. In 2020, the Trump administration tried to block funding for California over a similar issue, but that decision was later reversed.

“What we’re seeing here is the fulfillment of a promise to the religious right,” Elizabeth Sepper, a law professor at the University of Texas at Austin, told The Associated Press.

More information

The Guttmacher Institute has more on the Weldon Amendment.

SOURCE: The Associated Press, March 19, 2026