Biden Administration Set to Ignore Abortion Transparency Requirement

The public comment period closed on Wednesday for a rule proposed by the Biden administration that would reverse a Trump administration rule regarding program integrity for certain health insurance plans that cover elective abortions.

At issue is Section 1303 of the Patient Protection and Affordable Care Act, also known as Obamacare. This section of the law requires that insurers collect a separate payment for certain abortion coverage in qualified health plans approved to be sold on exchanges and keep those separate payments in separate accounts used only to pay for elective abortion services.

Under the Obama administration, this requirement was not enforced, and the Trump administration rule sought to correct this problem. Now, the Biden administration seeks to return to the Obama administration policy of allowing separate payments to be made together, undermining the clear text of the law.

The Heritage Foundation has long articulated the many ways in which Obamacare entangles taxpayer dollars with elective abortions. Heritage experts have also highlighted how Section 1303 has, in practice, amounted to an accounting gimmick due to noncompliance and lack of enforcement. (The Daily Signal is the news and commentary platform of The Heritage Foundation.)