Under the rules recently promulgated by the Administration, insurance offered through temporary high-risk pools created by the health care law will not cover abortions except in the case of rape, incest, or to save the life of the mother. Some in the pro-choice community are disappointed by the issuance of these limitations, and have criticized the move, arguing that nothing in the language of the statute required the Administration to take this action for this particular government-run insurance policy. But after carefully reviewing the law and regulations, we believe the decision to limit coverage of abortion in the high-risk insurance pools to Hyde abortions reflects the spirit and letter of the health care law that was passed, as well as the accompanying Executive Order on abortion that was signed by the President. This memo lays out the four reasons we believe the rules follow existing federal precedent and the principles laid out by the health care law.
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