EACH Act Mandates Abortion Coverage Across All Federal Health Programs, Overriding Existing Funding Bans

The Equal Access to Abortion Coverage in Health Insurance Act of 2025, or the EACH Act, is straightforward: it aims to dismantle federal restrictions that currently prevent certain health insurance plans and programs from covering abortion services. Think of it as a massive federal cleanup job intended to ensure that if you rely on a government-backed health program, your coverage for abortion is the same as your coverage for any other medical service.

The New Bottom Line for Federal Health Plans

The bill mandates that every single federal health program or plan—and the list is extensive, covering everything from Medicaid (Title XIX) and Medicare (Title XVIII) to TRICARE for military families and care provided by the Indian Health Service—must now include abortion services as a required benefit (Sec. 4). This is a huge shift. For decades, federal policy, often driven by the Hyde Amendment and similar rules, has generally prohibited the use of federal funds for abortion except in very limited cases like rape, incest, or life endangerment. This bill scraps those restrictions entirely for federal programs.

What does this mean for the millions relying on Medicaid? Currently, if you live in one of the 30 states that limit Medicaid coverage for abortion, you often have to pay out-of-pocket, which can be a financial impossibility. This bill ensures that if the federal government is involved in your insurance, those financial barriers are removed. If you're a veteran or a military spouse using federal healthcare, this bill ensures access at federal facilities or through your plan.

Clearing the Decks: Repealing the ACA’s Restrictions

The EACH Act doesn’t just add new mandates; it also takes away old restrictions. Specifically, it repeals Section 1303 of the Affordable Care Act (ACA) (Sec. 5). This section was the rule that complicated abortion coverage in the ACA marketplace, often requiring separate payment structures and creating confusion. By eliminating Section 1303, the bill streamlines coverage and makes it impossible for the federal government to insert those kinds of restrictions into future health plans.

Furthermore, the bill prohibits the federal government from interfering with state or local governments, or private insurance companies, that choose to cover abortion services. Essentially, the federal government can no longer act as a roadblock to coverage in the private or state-regulated markets (Sec. 4).

The Clash with Existing Federal Law

One of the most significant and potentially contentious parts of the EACH Act is how it handles conflicts with other laws. The bill explicitly states that it overrides any existing Federal law that conflicts with its provisions, regardless of when that law was passed (Sec. 8). This means that any past or future federal law attempting to restrict abortion coverage in federal programs is nullified by this Act.

Even more pointedly, the bill states that the Religious Freedom Restoration Act of 1993 (RFRA) cannot be used to challenge the implementation or enforcement of the EACH Act. RFRA is often cited by religious organizations or employers seeking exemptions from federal mandates that conflict with their beliefs. By explicitly removing RFRA as a legal defense against this law, the bill is taking a hard line, ensuring that religious objections cannot be used to block the expansion of coverage. For religious entities that participate in federal programs or receive federal funds, this provision removes their primary legal tool for opting out of providing or covering these services.

What About State Laws?

If you live in a state that already has laws offering more coverage or better protections for abortion services than this new federal Act, those stronger local rules remain in place (Sec. 7). The EACH Act sets a national baseline, or a "floor," for coverage. It doesn't override existing state laws that are more generous to patients.

In short, the EACH Act is a sweeping move to standardize and mandate abortion coverage across all federal health programs, effectively eliminating financial barriers for millions of Americans who rely on government-backed healthcare. It’s a clear statement that the federal government is stepping out of the way of coverage and, in fact, requiring it.