Reminds pharmacies of their obligations under federal civil rights laws to ensure access to comprehensive reproductive health care services

Today, following the Supreme Court’s ruling in Dobbs v. Jackson Women’s Health Organization where the constitutional right to safe and legal abortion was taken away, Department of Health and Human Services (HHS) is issuing guidance to roughly 60,000 U.S. retail pharmacies, reminding them of their obligations under federal civil rights laws.  This action is one of many taken by HHS to support President Biden’s directive to ensure access to reproductive health care, including abortion care.

“HHS is committed to ensuring that everyone can access health care, free of discrimination,” said Secretary Becerra. “This includes access to prescription medication—including birth control, miscarriage management, and medication abortion from their pharmacy.”

The guidance makes clear that as recipients of federal financial assistance, including Medicare and Medicaid payments, pharmacies are prohibited under law from discriminating on the basis of race, color, national origin, sex, age, and disability in their programs and activities.  This includes supplying medications; making determinations regarding the suitability of a prescribed medication for a patient; and advising patients about medications and how to take them. 

Under Section 1557 of the Affordable Care Act (Section 1557), 42 U.S.C. 18116, recipients of federal financial assistance are prohibited from excluding an individual from participation in, denying them the benefits of, or otherwise subjecting them to discrimination on the basis of sex, among other bases, in their health programs and activities. Under federal civil rights law, pregnancy discrimination includes discrimination based on current pregnancy, past pregnancy, potential or intended pregnancy, and medical conditions related to pregnancy or childbirth.

Read the guidance here: https://www.hhs.gov/sites/default/files/pharmacies-guidance.pdf*

HHS is committed to ensuring that people are able to access reproductive health care, free from discrimination.  If you believe that your or another person’s civil rights have been violated, you can file a complaint with HHS at: https://www.hhs.gov/ocr/complaints/index.html.

* People using assistive technology may not be able to fully access information in these files. For assistance, contact the HHS Office for Civil Rights at (800) 368-1019, TDD toll-free: (800) 537-7697, or by emailing OCRMail@hhs.gov.