State of California v. U.S. Dept. of Health and Human Services

INTRODUCTION

18 Section 1303(b)(2)(B) of the Affordable Care Act (“ACA”) requires health-insurance issuers 19 to collect separate payments from policy holders (“enrollees” in the insurance plans) for premiums 20 for abortion services and for non-abortion services. 42 U.S.C. § 18023(b)(2)(B). The Department 21 of Health and Human Services (“HHS”) issued a rule in 2015 that allowed issuers to satisfy the 22 separate-payment requirement by sending a single bill that itemized the premium for abortion 23 services, sending a separate bill for the premium for abortion services, or sending a notice at 24 enrollment specifying the separate charge. 80 Fed. Reg. 10,750, 10,840 (Feb. 27, 2015) (codified 25 at 45 C.F.R. § 156.280). In 2019, HHS replaced the 2015 rule with a new rule that required issuers 26 to send enrollees two separate bills, and enrollees to make two separate payments, to reflect the 27 split between abortion and non-abortion premiums. 84 Fed. Reg. 71,674, 71,684 (Dec. 27, 2019) (codified at 45 C.F.R. pt. 155, 156). In this lawsuit, six states and the District of Columbia sued HHS to invalidate the rule and moved for summary judgment on the following grounds: (1)…