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Amends 42 U.S.C. 18023 by striking specified paragraphs and headings, redesignating subsections, and inserting a new subsection (a) that prohibits an Exchange from making available any health plan that provides coverage for abortion except in specified limited circumstances and that prohibits coverage of gender-transition procedures for minors; adds definitions of "gender-transition procedure" and "minor."
Amends 42 U.S.C. 18054(a) by striking paragraph (6) and redesignating paragraph (7) as paragraph (6).
Stops health plans sold through the ACA Exchanges (Marketplace) from covering abortions except in cases where the pregnancy endangers the life of the pregnant person or results from rape or incest. Prohibits Exchange plans from covering gender‑transition procedures for people under age 18, while defining those procedures and listing narrow exceptions. Makes conforming changes to existing ACA language and applies to plan years beginning on or after January 1, 2026.
An Exchange may not make available any health plan (including plans that offer excepted benefits) that provides coverage for abortion, except when a physician certifies the woman has a physical disorder, injury, or illness that would place her in danger of death unless an abortion is performed (including life-endangering conditions caused by the pregnancy), or when the pregnancy is the result of rape or incest.
An Exchange may not make available any health plan (including plans that offer excepted benefits) that provides coverage for gender-transition procedures for minors (individuals under 18 years of age).
Defines "gender-transition procedure" to mean, except as noted below: (I) prescribing or administering gonadotropin-releasing hormone agonists or other puberty-blocking drugs to change the body to match the individual's subjective gender identity; (II) prescribing or administering testosterone for a female or estrogen for a male for that purpose; or (III) surgery to change the body to match the individual's subjective gender identity.
The definition of "gender-transition procedure" does not include: (I) interventions described above when performed on (text indicates an exception clause but the uploaded excerpt lists clause structure—see source for exact clause text); (II) treatment of any infection, injury, disease, or disorder caused or made worse by a prior gender-transition intervention (regardless of whether that prior intervention complied with law); or (III) any procedure required because the individual has a physical disorder, injury, or illness that a physician certifies would place the individual in imminent danger of death or impairment of a major bodily function unless the procedure is performed.
Defines "minor" as an individual who has not yet reached 18 years of age.
Who is affected and how:
Qualified Exchange enrollees (most directly): People who buy or receive coverage through the ACA Marketplaces will face narrower in‑plan coverage. Individuals seeking abortion care who rely on Exchange plans will no longer have that care covered except when the pregnancy endangers life or is the result of rape or incest. People under 18 who seek gender‑transition procedures will not have those procedures covered by Exchange plans except for the specific narrow exceptions the law provides.
Transgender people and minors: The prohibition specifically targets coverage of gender‑transition procedures for persons under 18. That will reduce or eliminate Exchange plan coverage for puberty blockers, hormone treatments, surgical procedures, or other items the legislation defines as "gender‑transition procedures" for minors, subject only to the statute's listed exceptions. Affected families may need to pay out of pocket, seek state programs, charitable assistance, or obtain coverage outside Exchange plans.
Health insurance issuers and Exchanges: Insurers offering Exchange plans will need to revise benefit designs, plan language, summaries of benefits, and provider networks to reflect the prohibited coverage and exceptions. Exchanges will need to enforce the new standards in plan certification for affected plan years. Administrative compliance work and potential appeals or legal disputes may follow.
Providers and health systems: Clinicians and clinics that provide abortion care or gender‑affirming services to minors may see changes in payer mix, reimbursement, and patient ability to pay; this could alter referral patterns and access.
States and other payers: The measure amends federal requirements for Exchange plans and does not directly change Medicaid or employer‑sponsored plan requirements, though state laws or policies could interact with the federal changes (for example, states that require broader coverage in plans sold on their Exchanges could face legal and administrative questions). The law could prompt state policy responses or litigation.
Practical consequences and risks:
Limitations of this change:
Expand sections to see detailed analysis
Read twice and referred to the Committee on Health, Education, Labor, and Pensions.
Introduced October 15, 2025 by Joshua David Hawley · Last progress October 15, 2025
Read twice and referred to the Committee on Health, Education, Labor, and Pensions.
Introduced in Senate