Project 2025 Tracker / What’s done, what’s next

14. Department of Health and Human Services · Notable

Reinstate the Trump ACA abortion separate payment regulation

Not started

Printed page 473 14. Department of Health and Human Services

“HHS should reinstate a Trump Administration regulation and enforce what the plain text of Section 1303 requires. That regulation should be further improved by requiring CMS to ensure that consumers pay truly separate charges for abortion coverage.”

What has happened

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    The 2019 separate-billing regulation under ACA section 1303 has not been reinstated. CMS's two major exchange rules of the window were fetched and searched in full: the Marketplace Integrity and Affordability final rule (2025-06-25) contains no occurrence of the word "abortion" at all, and the 2027 Notice of Benefit and Payment Parameters (2026-05-20) mentions section 1303 only in the essential health benefits context, not the separate payment requirement. Federal Register full-text search for "separate billing" since 2025-01-20 returns a single unrelated Medicare Advantage rule. The Biden 2021 rescission stands. One further place the next pass might look is now closed off: HHS-OIG's published-report index, searched with a working server-side filter and a verified control on 2026-09-03, contains exactly one abortion-related document in its entire history — a 2007 New York Medicaid laboratory-claims audit — and nothing in the window touches ACA abortion separate payments. OIG is the wrong instrument for this ask in any case, since it is a CMS rulemaking, so that is context rather than evidence. Negative search recorded in `docs/research/ch-14.md`.

    No action found yet. This entry is the starting point, not a finding.

Research log

What was searched, and what didn’t count as evidence

Research notes

Action
reinstate
Object
ACA Section 1303 abortion separate payment regulation
ID
1303