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S. 2377: Equal Access to Abortion Coverage in Health Insurance Act of 2025

This bill, titled the Equal Access to Abortion Coverage in Health Insurance Act of 2025, aims to ensure that all individuals in the United States have access to abortion services through various health care programs and plans. The core provisions of the bill include:

Key Provisions

The bill outlines several key actions and principles to ensure access to abortion coverage:

Comprehensive Coverage: All health programs or plans, including Medicaid, Medicare, and Indian Health Service, must provide coverage for abortion services without restriction based on income, insurance type, or other barriers.
Access Through Federal Government: The Federal Government must ensure access to abortion services at medical facilities it operates or contracts with, thereby acting both as an insurer and a health care provider.
Restrictions on Private Insurance: There will be prohibitions against restrictions imposed by state or local governments and private health insurance plans related to abortion coverage.
Repeal of Current Restrictions: The bill seeks to repeal existing prohibitions against using federal funds for abortion services, particularly as outlined in Section 1303 of the Patient Protection and Affordable Care Act.

Findings

The bill states several findings, emphasizing the necessity for equitable access and the impact of existing restrictions on abortion services:

Access to abortion services is necessary for all people regardless of factors such as race, income, or immigration status.
Current restrictions disproportionately affect marginalized groups such as women of color, low-income individuals, and young people, hindering their ability to make decisions about their reproductive health.
According to congressional findings, approximately 25% of women on Medicaid seeking abortions are unable to do so due to financial constraints, which can lead to significant social and economic consequences.

Legislative Authority

Congress asserts its authority to enact this legislation based on several constitutional powers, including:

The necessary and proper clause to promote the general welfare.
The commerce clause, highlighting that abortion services impact interstate commerce.
Powers related to tax and spending for public welfare.
Enforcement of constitutional rights under the Fourteenth Amendment.

Public Health Context

The bill highlights the importance of adequate health care access, noting that restrictive abortion coverage leads to adverse health outcomes and economic hardship for affected individuals. It positions access to abortion as essential for overall health and well-being.

Severability and Superseding Laws

Should any part of this Act be found invalid, it will not affect other provisions that can stand independently. Additionally, the bill emphasizes that it overrides any existing federal law inconsistent with its provisions, asserting comprehensive regulatory authority over abortion coverage and services.

Sense of Congress

The bill expresses the belief that the Federal Government should set a standard for abortion service coverage and that restrictions in the private insurance market must end.