Ocean County Leader

In a recent letter addressed to the U.S. Office of Personnel Management (OPM), more than two dozen Members of Congress have raised concerns about the agency's compliance with federal law regarding congressional health plans and abortion coverage. The group, led by Rep. Chris Smith (R-NJ), Rep. Eric Burlison (R-MO), and Sen. Mike Lee (R-UT), claims that OPM is violating the Smith Amendment, which prohibits these plans from subsidizing elective abortions.

"It is a clear violation of the Smith Amendment for health plans available to Members and staff to offer elective abortion," stated the 22 House Members and four Senators in their communication. This provision, originally authored by Rep. Chris Smith, has been renewed annually for nearly three decades.

The issue has gained attention following reports that Aetna will cease offering health plans on Washington, DC’s Affordable Care Act exchange known as DC Health Link. Aetna was previously the sole provider of plans compliant with the Smith Amendment by excluding elective abortion coverage. As a result, only two such plans will be available for congressional members and staff in the upcoming plan year.

"Under the Smith Amendment, OPM is prohibited from engaging in administrative activity in connection with any plan that subsidizes elective abortion, let alone almost all of them," continued the lawmakers.

The letter emphasizes that OPM's handling of this matter requires urgent correction to align with congressional intent: "The severity of OPM’s specious implementation of—or perhaps malicious disregard for—the law must be finally and permanently remedied."

With Aetna's withdrawal from DC Health Link, affected members and staff will need to choose new health plans during their "open season," scheduled between November 11 and December 9, 2024.

"In Plan Year 2024, Aetna offered eight health plans that did not subsidize elective abortion," noted the lawmakers. "The situation has now deteriorated to the point that Members of Congress and their designated staff have only two plans available to them in 2025."

"This outcome is a tragic result of OPM’s illegal policies," they added, criticizing what they see as an ongoing violation by OPM concerning federal law on abortion coverage exclusion.

Finally, they urged Acting Director Shriver at OPM: "We call on you to cease the administration of government contributions for Congressional health insurance plans that illegally cover elective abortion; instead direct D.C. Health Link and its participating insurers to provide compliant health insurance plans to Members of Congress and their staff."