The U.S. Department of Health and Human Services Office for Civil Rights has informed the Thomas More Society that it is investigating whether Illinois has violated federal law by promulgating and enforcing the Illinois Reproductive Health Act (Illinois Public Act 101-13), which generally requires Illinois health insurance plans to cover abortion. A January 19, 2021, letter to the Thomas More Society from Luis Perez, Deputy Director of the Conscience and Religious Freedom Division of the Office for Civil Rights, states that the Office for Civil rights has reviewed the Thomas More Society’s October 2019 complaint and is investigating whether the State of Illinois, which receives various funds from the Department of Health and Human Services, complies with the federal Weldon Amendment.

Specifically, the Office for Civil Rights is investigating whether Illinois, through its Department of Insurance and Department of Central Management Services, is discriminating against health plan issuers and plans that would offer health coverage that limited or excluded abortion coverage but are prohibited from doing so by the Reproductive Health Act.

The complaint was filed on behalf of the Thomas More Society and Richard Mantoan, DDS, Southland Smiles, LTD following the enactment of Illinois’ Reproductive Health Act, which forces private insurance to cover all abortion services. This mandate is part of an extreme and expansive abortion policy signed into law by Governor “JB” Pritzker on June 12, 2019.

“This Illinois law requires health insurance policies to cover elective chemical and surgical abortions,” explained Thomas More Society attorney Michael McHale. “It compels businesses and individuals to pay for even late-term abortion coverage and offers no religious exemptions. This is a violation of the federal Weldon Amendment.”

The Weldon Amendment ensures that federal appropriations by the Departments of Labor, Health and Human Services, and Education may not be issued to any government that discriminates against a “health care entity,” including an insurance plan sponsor, on the basis that it does not provide health insurance coverage of abortion.

“This abortion-coverage mandate is a blatant violation of the religious and conscience rights of many who live or work in Illinois,” added McHale. “And it forces exactly what the Weldon Amendment prohibits. Under federal law, Illinois cannot compel those like Dr. Mantoan or the Thomas More Society who do not believe in paying for abortions to either pay for abortion coverage or drop our insurance. Doing so will require Illinois to forfeit federal funding for essential programs such as Medicaid.”

“We are pleased that the Office for Civil Rights has taken our complaint seriously,” declared McHale. “Federal law clearly prohibits this brazen attempt to encroach upon our conscience rights. We await federal intervention to halt this illegal mandate.”

Because the letter was sent the day before President Biden took office, the future status of the investigation is unclear. But McHale said the letter confirms that Illinois’ abortion insurance mandate is likely illegal under a proper interpretation of the Weldon Amendment, and it could be precedent for a future Administration to bring Illinois into compliance with federal law.

Read the letter dated January 19, 2021, from Deputy Directory Luis E. Perez, Office for Civil Rights, Department of Health and Human Services, to the Thomas More Society, notifying about the investigation of Illinois Public Act 101-13 for violations of the federal Weldon Amendment here: (Acceptance Letter Thomas More Society v. State of Illinois 20-361761-1).

Read the complaint filed October 21, 2019, by the Thomas More Society with the U.S. Department of Health and Human Services Office for Civil Rights, here: (HHS OCR Complaint Letter with Exhibit Thomas More Society-10-21-19.)