Executive Summary
States are considering policies that leverage unused segregated premiums from Marketplace insurers to fund access to abortion services for people with low incomes, the uninsured and underinsured, and others who face significant barriers to accessing care. This legal analysis will unpack how Section 1303 of the Affordable Care Act regulates abortion coverage and qualified health plans, explain how these rules provide the legal framework for these segregated premium initiatives at the state level, and address how the new guidance from CMS on the usage of Section 1303 funds violates federal law.