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

The Equal Access to Abortion Coverage in Health Insurance Act of 2025, or the EACH Act, is a direct and comprehensive move to ensure that abortion services are covered under every single federal health program and insurance plan. This isn’t a subtle tweak; it’s a full mandate that says if you’re enrolled in a federal program—think Medicaid, Medicare, TRICARE for military families, or even the Indian Health Service—your plan must cover abortion services. It also requires that federal facilities and contractors provide access to these services.

The End of the Hyde-Like Restrictions

For decades, federal funding for abortion has been severely restricted, primarily affecting people enrolled in programs like Medicaid. This bill directly tackles those restrictions, which the findings section notes have disproportionately harmed low-income women, women of color, and other vulnerable populations. By mandating coverage (Sec. 4), the bill essentially wipes out the financial barrier for millions of people who currently live in states where abortion is legal but their insurance—because it uses federal dollars—refuses to pay for it unless the circumstances involve rape, incest, or life endangerment. For a person struggling to make ends meet, this change means the difference between immediate care and being forced to carry a pregnancy to term simply due to a lack of funds.

Clearing the Path for Private Insurance

The EACH Act doesn’t just fix federal plans; it also cleans up the rules for private insurance markets. It completely repeals Section 1303 of the Affordable Care Act (ACA). That section was the reason some insurance plans sold on the ACA marketplaces were prevented from covering abortion services, or required complex separate payment mechanisms. Getting rid of Section 1303 (Sec. 5) essentially removes the federal government’s legal ability to restrict what private, state, or local insurance plans can cover. This means that if a state or a private insurer wants to offer comprehensive abortion coverage, the federal government can no longer stand in the way.

The Supreme Authority Clause

Here’s where the bill gets particularly assertive: Section 8 states that the EACH Act overrides all existing federal laws that conflict with it, regardless of when those laws were enacted. This is a powerful declaration intended to make the bill’s provisions immediately enforceable without getting bogged down in legal conflicts with older, restrictive statutes. Even more notably, the bill explicitly states that it is not subject to the Religious Freedom Restoration Act of 1993 (RFRA). RFRA is often used by organizations or individuals to argue that complying with a law violates their religious beliefs. By preemptively blocking RFRA challenges, the bill makes it clear that the mandate for comprehensive coverage takes priority, even for federal contractors or providers who might object on religious grounds. This specific provision is likely to be the sharpest point of legal contention, as it directly challenges a major legal protection for religious liberty.

What This Means for You

If you are a federal employee, a veteran, or covered by Medicaid, this law guarantees that abortion services are treated like any other necessary medical procedure covered by your plan. For the 25 million women living in states with strict restrictions, this bill provides a crucial financial safety net. The bill is clear that it only improves things; Section 7 ensures that if your state or local laws already provide better coverage or stronger protections than the EACH Act, those existing protections remain in place. Essentially, this law sets a floor for coverage, ensuring that a lack of money or reliance on a federal program doesn't dictate your access to care.