The Obama administration has dismissed the complaints of religious groups questioning the decision made by the California state government in 2014 requiring health insurance plans to include coverage for elective abortions.
After an investigation, the Office of the Civil Rights under the Department of Health and Human Services (HHS) ruled that California did not violate the Weldon Amendment, which bars any healthcare clinic from being subjected to discrimination if it does not provide, cover, pay for or refer for abortions.
In August 2014, the California Department of Managed Health Care told seven California health insurance plans that it should cover abortions under the law and remove abortion coverage exclusions and limitations.
As a result, seven employees of the Loyola Marymount University in Los Angeles and three churches—Foothill Church, Calvary Chapel Chino Hills and The Shepherd of the Hills Church—filed complaints against the policy through the Alliance Defending Freedom (ADF), citing their religious objections to abortion.
In its decision, the HHS said the seven health insurers meet the definition of a "healthcare entity" but not the complainants.
"Based on the facts provided to OCR, none of the complainants meets the definition of a 'health care entity' under the Weldon Amendment. By its plain terms, the Weldon Amendment's protections extend only to health care entities and not to individuals who are patients of, or institutions or individuals that are insured by such entities," it said.
It said none of the seven insurers objected to providing coverage of abortions.
The HHS said the insurers demonstrated that they have no religious or moral objection to abortion.
"As a result, there is no healthcare entity protected under the statute that has asserted religious or moral objections to abortion and therefore there is no covered entity that has been subject to discrimination within the meaning of the Weldon Amendment," it said.
The ADF slammed the decision, saying "the Obama administration is once again making a mockery of the law, and this time in the most unimaginable way."
"Churches should never be forced to cover elective abortion in their insurance plans, and for 10 years the Weldon Amendment has protected the right to have plans that do not include coverage for abortion on demand. But the state of California has ordered every insurer, even those insuring churches, to cover elective abortions in blatant violation of the law," said ADF senior counsel Casey Mattox.
Lawmakers also slammed the HHS decision.
"The Department of Health and Human Services' conclusion that California's action does not violate the Weldon amendment ignores the simple truth that requiring a health plan to cease to exist because it does not include abortion is discriminatory," said House Majority Leader Kevin McCarthy and Representatives Chris Smith, Diane Black, John Fleming, Andy Harris, Vicky Hartzler, Steve Knight, Doug LaMalfa, and Joe Pitts.
They accused the HHS of falsely interpreting the law.
Pitts said the ruling "is unacceptable."
"California's mandate clearly discriminates against plans that refuse to cover elective abortions," he said.
