Attorney General Clark and Coalition Urge Congress to Reject Unlawful Restrictions on Reproductive Health Care

Attorney General Charity Clark today joined a coalition of 21states in sending a letter to congressional leadership urging them to reject attempts to derail negotiations around extension of the Enhanced Premium Tax Credits (tax credits) that are part of the Affordable Care Act (ACA) by tying them to unlawful restrictions on state ACA insurance plans that would prohibit coverage of abortion. In the letter, the coalition argues that such a proposal would violate state sovereignty, conflict with existing state laws and regulations, and put residents' access to critical health care at risk.

The ACA's tax credits, designed to help alleviate the high cost of health care for millions of Americans, are set to expire at the end of the year. If these credits are not extended, millions of families will face skyrocketing health care costs in the new year. R ecent reporting on the negotiations to extend the tax credits indicate that Republican members of Congress are attempting to condition their support for extension on a stipulation that prohibits all ACA insurance plans that receive the federal tax credits from providing coverage for abortion services.

All of the coalition states allow for abortion coverage in their state ACA insurance plans. A prohibition on such coverage would affect hundreds of thousands of people, including many Vermonters.In their letter, Attorney General Clarkand the coalition argue this proposal would increase barriers to care and make health insurance significantly more expensive by eliminating peoples' ability to use tax credits for plans that include comprehensive reproductive care.

As part of their argument to roll back access to reproductive care, Republicans falsely claim that federal dollars are being used to pay for abortion services. Federal dollars are not used to pay for abortion services in Vermont. Existing law explicitly prevents federal dollars from being used for these purposes and states with insurance plans that offer coverage for abortion services charge enrollees a separate fee to cover costs.

In their letter, the coalition argues that states must be able to continue exercising their independence in developing health care policy that directly impacts their residents, consistent with the structure of the ACA and states' sovereign authority in health care regulation.

An estimated 1 in 4 women will have an abortion in their lifetime, and these services are often lifesaving. Research shows states that restricted abortion access following the overturning of Roe v. Wade have experienced a sharp rise in sepsis, infant death, and pregnancy-associated deaths. States have a right to protect the health and safety of their residents and prohibiting coverage of these crucial services will be life threatening.

This proposal is the latest attempt by the federal government to restrict access to lifesaving reproductive health care, and the coalition argues it is yet another attempt to implement a back-door federal abortion ban. It follows the Trump Administration's effort to defund Planned Parenthood, which Attorney General Clarkand 23 attorneys general filed a lawsuit to prevent in July, and just last week, won a temporary court order blocking the Administration's actions while the case continues. The proposal also comes after the Trump Administration proposed a rule, which Attorney General Clark joined opposition to, to restrict access to abortion services for veterans and their families by banning abortion at all Veterans Affairs medical centers and eliminating exceptions for rape, incest, and the life of a pregnant veteran.

With this letter, Attorney General Clark and the coalition are asking congressional leadership to defend states' sovereignty and reject any attempt to limit states' ability to provide high-quality and affordable health care to residents, including reproductive health care.

Joining Attorney General Clark in sending this letter are the attorneys general of Arizona, California, Colorado, Connecticut, the District of Columbia, Hawaiʻi, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, North Carolina, Oregon, Rhode Island, and Washington.

A copy of the letter is available on our website.

CONTACT: Amelia Vath, Senior Advisor to the Attorney General, 802-828-3171