VA House Repeals Ban On Abortion Coverage For State Exchange Plan

RICHMOND, VA — The Virginia House passed a bill Tuesday that removes a ban on abortion coverage for health insurance plans offered through the state’s health exchange, making Virginia the first state in the South to end these restrictions on abortion access.

The bill, SB 1276, passed the Senate in a vote of 54-45. Parallel legislation, HB 1896, is scheduled for a Senate vote later this week. If the bill passes the Senate, both bills will then head to Virginia Gov. Ralph Northam, who is expected to sign them.

Sen. Jennifer McClellan (D-Richmond) introduced the Senate bill, while Del. Sally Hudson (D-Charlottesville) introduced the House bill.

Currently, abortion is the only legal medical procedure that is prohibited by Virginia law from being offered by private insurance companies that sell plans under the exchange in Virginia. The bills would end that ban.

“The current ban was put in place for political reasons,” McClellan said Tuesday in a statement. “Access to coverage should not depend on the type of insurance you have. Today, the Virginia General Assembly moved one step closer to increasing health care access and protecting reproductive rights for all Virginians.”

“Repealing the ban is long overdue, but it’s urgent now with so many workers having lost their jobs and seeking coverage on the state exchange,” Hudson said.

The current prohibition on abortion coverage dates back to 2011, soon after the federal Affordable Care Act was passed under then-President Barack Obama. The Virginia ban was passed under then-Gov. Bob McDonnell, a Republican, upon the creation of the state health exchanges.

Abortion is covered by many employer-provided health insurance plans, which are not regulated under the Virginia health insurance marketplace. The abortion prohibition on health insurance plans under the state exchange tends to affect people who already struggling to afford basic health care.

The new legislation comes after the General Assembly passed a law in 2020 that removed restrictions on mandatory ultrasounds and 24-hour waiting periods and eliminated regulations that required abortion providers to be treated regulated like hospitals.