President Biden Issues Second Executive Order Relating to Reproductive Healthcare Services
August 4, 2022
On August 3, 2022, President Biden signed the second Executive Order relating to reproductive healthcare in the wake of Dobbs v. Jackson Women’s Health Organization. The Executive Order on Securing Access to Reproductive and Other Healthcare Services directs the Secretary of Health and Human Ser-vices to take several actions relating to reproductive healthcare services, where that term is defined to include abortion-related services. The Secretary must:
- consider “actions to advance access to reproductive healthcare services,” specifically including “through Medicaid for patients traveling across State lines” for such care, to the extent permitted by Federal law;
- consider actions which would advance the understanding of healthcare providers who receive federal financial assistance to ensure compliance with federal nondiscrimination laws, which may apply based on a per-son’s past, current, or intended pregnancy status;
- provide technical assistance to healthcare providers that have questions concerning their obligations under the federal non-discrimination laws;
- convene healthcare providers to provide information on their obligations under federal non-discrimination laws;
- take action as appropriate in response to non-compliance, which may include issuing additional guidance; and
- evaluate and improve federal data collection and analysis relating to the effect that one’s access to reproductive healthcare has on maternal health outcomes.
As new developments arise, we will update our Dobbs Decision Resource Center. In the meantime, if you have any questions about this executive order, please contact one of the lawyers in Shipman’s Health Law practice group.