California Department of Managed Health Care Action Violates Weldon Amendment

SACRAMENTO, Calif. – Life Legal Defense Foundation and Alliance Defending Freedom sent a letter Friday to the California Department of Managed Health Care condemning its decision to force two Jesuit universities to cover elective abortions in their health insurance plans. The letter alleges that the decision violates federal law, under which the state cannot mandate that a health insurance plan include abortion coverage without forfeiting federal funds.

“Faith-based organizations should be free to operate according to the faith they espouse and live out on a daily basis,” said ADF Senor Legal Counsel Matthew Bowman. “When Congress enacted the Weldon Amendment, it sought to ensure that the government could never strong-arm pro-life employers into paying for abortion coverage; therefore, California’s decision is illegal. No state can ignore federal law in a pursuit to conform everyone to the state’s own ideology on abortion.”

The letter, sent on behalf of the Cardinal Newman Society, explains that because of the Weldon Amendment, “DMHC cannot deny approval to or otherwise penalize a health insurance plan for failing to provide coverage of some or all abortions. In its failed lawsuit against the Amendment, California admitted that all of its departments are subject to the Amendment due to some of those departments receiving over $40 billion in federal funds.”

“The DMHC’s action is a clear violation of the Weldon Amendment and, if not reversed, could trigger loss of funding to the entire state and its departments.,” the letter adds. “If DMHC does not reverse its decision, we are prepared to file complaints with the Office of Civil Rights of the Department of Health and Human Services.”

“Under federal law, pro-life employers have the freedom to choose health insurance plans that do not conflict with their beliefs on the dignity of human life,” added LLDF Legal Director Catherine Short. “Already under Obamacare’s mandates, employers and individuals are required to purchase health insurance coverage they may not need or want. California cannot be allowed to discriminate against health plans that don’t cover elective abortions and force people to purchase coverage that conflicts with their convictions.”

If you or anyone you know, individual, employer, or insurance provider, is directly affected by this decision, please contact Life Legal Defense Foundation.