VA Amends Rule on Abortions

The US Department of Veterans Affairs (VA) has submitted an interim final rule amending its medical regulations to remove the exclusion on abortion counseling and establish exceptions to the exclusion on abortions.

With this rule, the VA will now offer veterans abortion counseling and abortions—specifically, when the life or health of the pregnant veteran would be endangered if the pregnancy were carried to term, or in cases of rape or incest. Beneficiaries enrolled in CHAMPVA will have the same access to care.

“As abortion bans come into force across the country,” the interim final rule indicates, “veterans in many states are no longer assured access to abortion services in their communities, even when those services are needed… Unless VA removes its existing prohibitions on abortion-related care and makes clear that needed abortion-related care is authorized, these veterans will face serious threats to their life and health.”

“This is a patient safety decision,” said Denis McDonough, Secretary of Veterans Affairs. “Pregnant veterans and VA beneficiaries deserve to have access to world-class reproductive care when they need it most. That’s what our nation owes them, and that’s what we at VA will deliver.”

The rule is the VA’s latest response to the June 24, 2022, Dobbs v Jackson Women’s Health Organization Supreme Court decision, which overruled Roe v Wade and Planned Parenthood of Southeastern Pennsylvania v Casey. “After Dobbs,” according to the rule summary, “certain States have begun to enforce existing abortion bans and restrictions on care, and are proposing and enacting new ones, creating urgent risks to the lives and health of pregnant veterans and CHAMPVA beneficiaries in these states.” The VA is “acting to help to ensure that, irrespective of what laws or policies States may impose” veterans will be able to receive needed care.

Restricting access to abortion care has well-documented adverse health consequences, including a higher risk of loss of future fertility, significant morbidity, or death. Veterans are also at greater risk of experiencing pregnancy-related complications due to increased rates of chronic health conditions. “We came to this decision after listening to VA health care providers and veterans across the country, who sounded the alarm that abortion restrictions are creating a medical emergency for those we serve,” said Under Secretary for Health Shereef Elnahal, MD, MBA. “Offering this care will save veterans’ health and lives, and there is nothing more important than that.”

Services will be authorized immediately after the interim final rule is published. VA is taking steps to guarantee abortion-related care anywhere in the country. VA employees, when working within the scope of their federal employment, may provide authorized services regardless of state restrictions.

The determination of whether the “life and health of the pregnant veteran would be endangered if the pregnancy were carried to term” will be made on a case-by-case basis after “careful consultation” between VA health care professionals and their patients, the VA says. In cases of rape or incest, self-reporting from a veteran or VA beneficiary will constitute sufficient evidence that an act of rape or incest occurred.

The interim final rule will be available for public comment for 30 days after it is published.

The US Department of Veterans Affairs (VA) has submitted an interim final rule amending its medical regulations to remove the exclusion on abortion counseling and establish exceptions to the exclusion on abortions.

With this rule, the VA will now offer veterans abortion counseling and abortions—specifically, when the life or health of the pregnant veteran would be endangered if the pregnancy were carried to term, or in cases of rape or incest. Beneficiaries enrolled in CHAMPVA will have the same access to care.

“As abortion bans come into force across the country,” the interim final rule indicates, “veterans in many states are no longer assured access to abortion services in their communities, even when those services are needed… Unless VA removes its existing prohibitions on abortion-related care and makes clear that needed abortion-related care is authorized, these veterans will face serious threats to their life and health.”

“This is a patient safety decision,” said Denis McDonough, Secretary of Veterans Affairs. “Pregnant veterans and VA beneficiaries deserve to have access to world-class reproductive care when they need it most. That’s what our nation owes them, and that’s what we at VA will deliver.”

The rule is the VA’s latest response to the June 24, 2022, Dobbs v Jackson Women’s Health Organization Supreme Court decision, which overruled Roe v Wade and Planned Parenthood of Southeastern Pennsylvania v Casey. “After Dobbs,” according to the rule summary, “certain States have begun to enforce existing abortion bans and restrictions on care, and are proposing and enacting new ones, creating urgent risks to the lives and health of pregnant veterans and CHAMPVA beneficiaries in these states.” The VA is “acting to help to ensure that, irrespective of what laws or policies States may impose” veterans will be able to receive needed care.

Restricting access to abortion care has well-documented adverse health consequences, including a higher risk of loss of future fertility, significant morbidity, or death. Veterans are also at greater risk of experiencing pregnancy-related complications due to increased rates of chronic health conditions. “We came to this decision after listening to VA health care providers and veterans across the country, who sounded the alarm that abortion restrictions are creating a medical emergency for those we serve,” said Under Secretary for Health Shereef Elnahal, MD, MBA. “Offering this care will save veterans’ health and lives, and there is nothing more important than that.”

Services will be authorized immediately after the interim final rule is published. VA is taking steps to guarantee abortion-related care anywhere in the country. VA employees, when working within the scope of their federal employment, may provide authorized services regardless of state restrictions.

The determination of whether the “life and health of the pregnant veteran would be endangered if the pregnancy were carried to term” will be made on a case-by-case basis after “careful consultation” between VA health care professionals and their patients, the VA says. In cases of rape or incest, self-reporting from a veteran or VA beneficiary will constitute sufficient evidence that an act of rape or incest occurred.

The interim final rule will be available for public comment for 30 days after it is published.

The US Department of Veterans Affairs (VA) has submitted an interim final rule amending its medical regulations to remove the exclusion on abortion counseling and establish exceptions to the exclusion on abortions.

With this rule, the VA will now offer veterans abortion counseling and abortions—specifically, when the life or health of the pregnant veteran would be endangered if the pregnancy were carried to term, or in cases of rape or incest. Beneficiaries enrolled in CHAMPVA will have the same access to care.

“As abortion bans come into force across the country,” the interim final rule indicates, “veterans in many states are no longer assured access to abortion services in their communities, even when those services are needed… Unless VA removes its existing prohibitions on abortion-related care and makes clear that needed abortion-related care is authorized, these veterans will face serious threats to their life and health.”

“This is a patient safety decision,” said Denis McDonough, Secretary of Veterans Affairs. “Pregnant veterans and VA beneficiaries deserve to have access to world-class reproductive care when they need it most. That’s what our nation owes them, and that’s what we at VA will deliver.”

The rule is the VA’s latest response to the June 24, 2022, Dobbs v Jackson Women’s Health Organization Supreme Court decision, which overruled Roe v Wade and Planned Parenthood of Southeastern Pennsylvania v Casey. “After Dobbs,” according to the rule summary, “certain States have begun to enforce existing abortion bans and restrictions on care, and are proposing and enacting new ones, creating urgent risks to the lives and health of pregnant veterans and CHAMPVA beneficiaries in these states.” The VA is “acting to help to ensure that, irrespective of what laws or policies States may impose” veterans will be able to receive needed care.

Restricting access to abortion care has well-documented adverse health consequences, including a higher risk of loss of future fertility, significant morbidity, or death. Veterans are also at greater risk of experiencing pregnancy-related complications due to increased rates of chronic health conditions. “We came to this decision after listening to VA health care providers and veterans across the country, who sounded the alarm that abortion restrictions are creating a medical emergency for those we serve,” said Under Secretary for Health Shereef Elnahal, MD, MBA. “Offering this care will save veterans’ health and lives, and there is nothing more important than that.”

Services will be authorized immediately after the interim final rule is published. VA is taking steps to guarantee abortion-related care anywhere in the country. VA employees, when working within the scope of their federal employment, may provide authorized services regardless of state restrictions.

The determination of whether the “life and health of the pregnant veteran would be endangered if the pregnancy were carried to term” will be made on a case-by-case basis after “careful consultation” between VA health care professionals and their patients, the VA says. In cases of rape or incest, self-reporting from a veteran or VA beneficiary will constitute sufficient evidence that an act of rape or incest occurred.

The interim final rule will be available for public comment for 30 days after it is published.