The Department of Health and Human Services this week officially rescinded a controversial Biden‑era rule that required pharmacies to dispense abortion pills as a condition of serving patients with Medicare, Medicaid, or other federally funded coverage. The move marks a significant shift in federal policy after years of debate over the role of pharmacies in providing abortion medication following the Supreme Court’s Dobbs decision, which returned the issue of abortion policy to the states.
The policy in question originated in 2022, when the Biden administration issued a notice to roughly 60,000 retail pharmacies instructing them that compliance with dispensing abortion pills was necessary to participate in federal health programs. The guidance was issued in response to Dobbs and was intended to safeguard access to abortion drugs, but it quickly drew legal challenges from religious and pro‑life pharmacies that argued it violated their convictions and legal rights.
In 2023, a federal court sided with several religious providers, prompting the administration to adjust the policy. Critics, however, maintained that the updated guidance still left pharmacies in a gray area, potentially forcing them to participate in abortion against their conscience.
This week’s action from HHS, under President Donald Trump’s administration, rescinded the Biden guidance entirely. In its notice to the Federal Register, the Office for Civil Rights said the 2023 policy could still be interpreted as an effort to use taxpayer dollars to promote elective abortions and might compel pharmacists to participate in abortions in violation of their beliefs and potentially the law.
Supporters of the repeal praised the decision. Matt Bowman, senior counsel at Alliance Defending Freedom, which represented pro‑life pharmacies in litigation against the original mandate, said the rescission protects pharmacies that choose not to stock or dispense abortion drugs. He said the elimination of the policy will end the threat that federal bureaucrats could force pharmacies into compliance.
The HHS rescission also aligns with executive orders from President Trump related to the Hyde Amendment, which bars federal funding for most abortions, and directives aimed at controlling government spending.
In addition, the department reversed the Biden administration’s use of the term “pregnant person,” asserting that only women and girls can be pregnant. The policy change comes as the Food and Drug Administration recently asked a federal court to pause a lawsuit in Louisiana that seeks to restrict mail‑order abortion drugs while it completes a safety review of those medications.
Pro‑life leaders and Republican lawmakers have called on the administration to complete the safety review and reverse policies allowing wide mail‑order access to abortion pills.
