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February 13, 2020

State Attorneys General File Lawsuit Challenging new HHS Abortion Rule

In December 2019, HHS issued a final rule that requires qualified health plans that participate in state exchanges to send separate bills and collect separate payments of at least one dollar for abortion coverage. On January 30, attorneys general from six states  and the District of Columbia filed a complaint for declaratory relief, challenging the rule in the U.S. District Court for the Northern District of California. The complaint alleges that the rule threatens access to abortion, is incompatible with the ACA’s requirement of equitable access, violates the APA, and is unlawful under the Tenth Amendment.