EACH Act of 2025
The EACH Act of 2025 would require abortion coverage and access across federal health programs and in the federal government’s role as insurer and provider, while also removing federal restrictions on abortion coverage in private insurance. Specifically, it would mandate that anyone insured by or receiving care through a wide array of federal programs (such as Medicaid, CHIP, Medicare, the Indian Health Service, TRICARE, VA benefits, DoD health facilities, and other listed government-sponsored plans) must have coverage for abortion services. It would also ensure that the federal government, when acting as a health care provider, guarantees access to abortion services in its facilities or in facilities it contracts with. At the same time, it would prohibit the federal government from restricting private or public insurance plans from providing abortion coverage. The bill would repeal Section 1303 of the ACA (and make related conforming amendments), signaling a broad shift to expand abortion coverage beyond current restrictions. It also asserts that the act supersedes other federal law and is not subject to the Religious Freedom Restoration Act.
Key Points
- 1Abortion coverage for all individuals insured by or receiving care through specified federal health programs and plans; the federal government as a payer must provide coverage, and as a provider must ensure access in its facilities or contracted facilities.
- 2No restriction on private insurance coverage of abortion services by federal rules; the federal government cannot prohibit or limit abortion coverage in private or local government plans.
- 3Repeal of Section 1303 of the ACA, with conforming amendments to related ACA provisions, effectively removing a prior barrier to abortion coverage in federal and market-based plans.
- 4Establishment of a broad definition of “abortion services” and “health program or plan” to include a wide range of federal health programs and future government-sponsored programs.
- 5Supremacy over existing federal law (not subject to RFRA) and a severability clause to preserve other provisions if any part is struck down.