The Department of Health and Human Services said Wednesday that pharmacies that receive federal money from programs like Medicare and Medicaid cannot discriminate in how they dispense drugs or advise patients about prescriptions. The agency noted that discriminating against people based on their pregnancy or related conditions would be a form of gender discrimination. The announcement comes as the administration seeks to secure reproductive health services for women following last month’s Supreme Court ruling that ended the constitutional right to abortion. On Monday, the administration told hospitals they “must” provide abortion services if the mother’s life is at risk. The government said the federal Emergency Treatment Guidelines Act preempts state laws in jurisdictions that now ban the procedure without any exceptions. Now, all states provide an exception for the life of the mother. President Joe Biden has also signed an executive order to try to protect some access to the process, but he has also acknowledged that his administration is limited in what it can do. He noted earlier this month that it would take an act of Congress to restore nationwide access to abortion services and urged Americans outraged by the Supreme Court decision to vote in November. Wednesday’s actions, like those described Monday, do not reflect a new policy. Their goal is to remind care providers of their existing obligations under federal law. “We are committed to ensuring that everyone can access health care, without discrimination,” Health and Human Services Secretary Xavier Becerra said in a statement. “This includes access to prescription drugs for reproductive health and other types of care.” The department’s guidance to pharmacies described several hypothetical examples of potential discrimination. They include a pharmacy refusing to fill a prescription for mifepristone followed by misoprostol to help manage complications from a miscarriage after a pregnancy loss. This combination of drugs is also commonly used in medical abortions. A pharmacy that refuses to fill a misoprostol prescription prescribed to help treat serious complications from a stomach ulcer may be discriminating on the basis of disability, HHS said. The agency noted that a pharmacy can also discriminate if it refuses to stock the drug based on its alternative use. HHS also cited as another example of potential discrimination: a pharmacy that refuses to fill a prescription for methotrexate to stop an ectopic pregnancy, which develops outside the uterus and is not viable. The federal agency said those who believe their rights have been violated should visit an online portal for the Office of Civil Rights to file a complaint.
