EACH Act of 2025
The Equal Access to Abortion Coverage in Health Insurance Act of 2025 (the EACH Act) would overhaul how abortion is covered by federal health programs and, to some extent, private plans. The bill would require that abortion services be covered for every person insured by or enrolled in a broad set of federal health programs (such as Medicaid, CHIP, Medicare, the Indian Health Service, TRICARE for uniformed services, veterans’ health benefits, and certain federal employee plans, among others) and would also require federal health care providers and facilities to ensure access to abortion services for eligible individuals. At the same time, it would prohibit the federal government from restricting private insurance coverage of abortion services. The act would repeal a key ACA provision (Section 1303) that currently restricts abortion coverage in certain contexts and would make corresponding changes to related ACA programs. The bill frames itself as setting a national standard to ensure affordable abortion coverage and care, while asserting federal supremacy over inconsistent federal law and stating that it should not be subject to the Religious Freedom Restoration Act.
Key Points
- 1Abortion coverage required across federal health programs and plans: Every person insured by or receiving care through programs listed in the bill (Medicaid, CHIP, Medicare, Indian Health Service, TRICARE, veterans’ benefits, DoD and other federal employee plans, and related programs) must receive coverage of abortion services. The government would also ensure access to abortion services in federal facilities or in facilities it contracts with.
- 2Federal role as insurer and provider expands abortion access: In its role as an insurer and health care provider, the Federal Government must ensure abortion coverage and access for eligible individuals within its programs and facilities.
- 3Private insurance coverage protections: The federal government would not prohibit or restrict abortion coverage in private insurance plans, or in state or local government plans. This is a protection against federal-level limits on private plan coverage, though state laws could still vary.
- 4Repeal of ACA Section 1303 and related amendments: Section 1303 of the ACA (which relates to abortion coverage in certain health insurance contexts) would be repealed. The bill would also adjust related ACA provisions (basic health plans and multi-state plans) to reflect the repeal.
- 5Broad definitions and scope; preemption and priorities: The bill defines “abortion services” broadly and lists a wide array of federal programs as covering entities. It explicitly states the act supersedes federal law and is not subject to the Religious Freedom Restoration Act, while preserving protections only where the act itself imposes greater protections. It also includes a sense-of-Congress statement urging the private market to end coverage restrictions and a severability clause to keep the law functional even if portions are struck down.