In 2014, the California Department of Managed Health Care (DMHC) ordered all health plans under its jurisdiction, including those provided by churches and other religious institutions to their employees, to provide coverage for all abortions. Other states are considering similar proposals.
California’s action violates federal law. The Weldon Amendment, a part of appropriations law since 2004, provides that governmental bodies receiving federal funding may not discriminate against a health care entity that “does not provide, pay for, provide coverage of, or refer for abortions.” But the Weldon Amendment lacks effective enforcement and has been subject to legal challenges. The Abortion Non-Discrimination Act (ANDA) addresses these problems.
The campaign to coerce everyone to accept abortion as a normal part of health care has accelerated under the Affordable Care Act.
- For a Questions and Answers fact sheet on the need for ANDA, see: www.usccb.org/issues-and-action/religious-liberty/conscience-protection/upload/the-need-for-the-abortion-non-discrimination-act.pdf.
- For more information on the California state action, see:www.cacatholic.org/index.php/about/bishops-of-california/922-catholic-bishops-file-federal-complaint-against-state-of-california-department-of-managed-health-care-accused-of-serious-civil-rights-violations.
The most up-to-date version of ANDA was included in a draft Fiscal Year 2013 Labor/HHS Appropriations Bill (Sec. 538). See: nchla.org/datasource/idocuments/ANDA.FY13.pdf. This draft appropriations bill did not become law.
The basic provisions of ANDA are included in the Health Care Conscience Rights Act. For more information, see in this Legislative Report the section on “Health Care Conscience Rights Act.”
