Policy Update

March 2025

With legislative sessions underway, state policy updates have been categorized via theme instead of individual state. See “Promising Expansions to TMAB Access” (AZ, CO, CT, FL, MO, MI, MT, NC, NY, SC, VA, MD, MN, SD) and “Rollbacks & Threats to TMAB Access” (MO, MT, NE, KY, WY,) as well as updates to Federal Policy.

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State Policy

Promising Expansions to TMAB Access 

Arizona:

Introduced H.B. 2463 to repeal any existing restrictions concerning the use of telemedicine for abortion care. This would reverse Arizona’s explicit ban on telehealth for medication abortion.

Colorado:

Democratic lawmakers introduced SB25-129 expanding Colorado’s existing laws by:

  1. anonymizing names on prescription labels
  2. prohibiting local governments from working with out-of-state authorities on issues related to abortion care; and
  3. allowing the state’s AG to “block hostile actions and allow for retaliatory civil lawsuits against states.” 

This bill supports telehealth providers based in Colorado whose patients live in or travel to an abortion banned state. 

Connecticut:

Introduced H.B.7039 mandating the Insurance Commissioner to conduct studies on telehealth coverage and reimbursement for Connecticut students who are out-of-state for university students reimbursement, with reports due by February 1, 2026. These studies are designed to  help ensure that TMAB is covered for CT residents when these students receive care when out of state.

Florida:

Rep. Anna Eskamani (D) introduced FL H.B. 823 which removes the explicit TMAB ban and the requirement for in-person dispensing of medication abortion. It also repeals the collection of patient immigration status data in hospitals, and mandates Medicaid reimbursement for medically necessary treatments related to TMAB. While this bill is unlikely to pass, it is critical Given the state legislative and executive makeup, the bill is unlikely to become law.

Missouri:

A court ruling in December struck Missouri's abortion ban as unconstitutional after the state passed Amendment 3 in November. Missouri lawmakers introduced a new resolution that, if passed, would undo the protections of Amendment 3 and reinstate a total abortion ban with narrow exceptions for rape, incest, medical emergencies, and serious fetal anomalies. While a number of restrictions were overturned, the 72 hour waiting period remains in place, making TMAB possible, although only through hybrid care. 

  • Missouri also introduced S.B. 94 which modifies provisions relating to telehealth services, by increasing telehealth accessibility, is moving through the legislature. The  legislation expands and clarifies the definitions and regulations surrounding telehealth and telemedicine. It defines key terms such as "asynchronous store-and-forward transfer," "clinical staff," "distant site," "health care provider," "originating site," and "telehealth or telemedicine," emphasizing the inclusion of audiovisual and audio-only technologies and provides in-state licensure exceptions for informal consultations, emergency services, and episodic consultations by out-of-state providers via telehealth. So long as TMAB remains permitted in Missouri, these telehealth expansions can help increase access to care.
Michigan:

Litigation Update: A trial has begun over Michigan’s abortion restrictions—including a 24-hour waiting period—now that abortion rights are codified in the state’s constitution. Arguments in a legal challenge to abortion restrictions that remain on the books in Michigan before a Michigan Court of Claims judge. Virtual-only (also known as direct to patient) TMAB is currently permitted in Michigan as the 24-hour waiting period law is currently blocked by a preliminary ruling

Montana:

Litigation Update: On March 12, a Montana district court permanently blocked restrictions preventing non-physician practitioners from providing abortion care, prohibiting  direct-to-patient TMAB for Medicaid patients and preventing Medicaid patients from having coverage of abortion care in most circumstances. 

North Carolina:

Last December, a North Dakota state judge struck down the state’s abortion ban as unconstitutional. In January, the court rejected a request to allow the law to take effect pending the repeal, meaning that the ban will remain blocked. The case will continue to be litigated, but in the meantime TMAB can continue to be provided via hybrid-care in North Carolina.

New York:
  • Introduced SB 1438A which establishes a New York State Abortion Clinical Training Program within the Department of Health. Its goal is to train health care practitioners in performing abortion, including TMAB, and related reproductive health services. 
  • Enacted A.3007A which requires that every insurer that issues or renews medical malpractice insurance covering a health care provider licensed to practice in NYC shall be prohibited from taking any adverse action against a health care provider solely on the basis that the health care provider engages in legally protected health activity. This can help protect telehealth for medication abortion providers from higher costs of coverage as related to abortion services.,
  • S.929 is awaiting Governor Hochul’s signature and would regulate how companies collect and sell healthcare information, establish data privacy standards for entities that collect personal data related to individuals’ health and provide additional rights and protections to users related to consent and deletion of private health information. 
  • Enacted S.36A permitting prescription labels for medication abortion prescription drugs (mifepristone, misoprostol and their generic alternatives) to include the name of the prescribing health care practice instead of the name of the prescriber at the prescriber's request, protecting provider privacy.
South Carolina:

The South Carolina Supreme Court heard arguments over their “fetal heartbeat” ban in February. The issue is whether or not “fetal cardiac activity” begins at 6 weeks or at nine weeks. Still, South Carolina has an explicit ban on telehealth for medication abortion. 

Virginia:

Introduced S.B. 1041 establishing telehealth sexual assault forensic examinations, allowing health care providers to conduct examinations under the supervision of a sexual assault forensic examiner when one is not readily available. The admissibility of evidence collected through telehealth examinations is ensured, provided it meets general evidence rules. Virginia provides funding for abortion care in cases of rape or inscest. In states where abortion care can only be provided in the case of rape or incest, using telehealth to perform a forensic examine can offer survivors a more discreet and less invasive route to care. 

  • Introduced S.B. 842 directing the Virginia Department of Housing and Community Development to prioritize broadband access for mobile telehealth clinics using federal funding. Virginia allows for telehealth for medication abortion and the expansion of broadband access can help support the reach of abortion care. 
Maryland:

MD S.B.0372 is making its way through the legislature. The “Preserve Telehealth Access Act of 2025” outlines provisions to enhance telehealth services by removing previous limitations on audio-only telephone conversations, which are now permanently included under the definition of "telehealth" for reimbursement and coverage purposes by Maryland Medicaid and certain insurers, ensuring payment parity for telehealth visits, including audio-only. The act is set to take effect on June 1, 2025.

Minnesota:

Introduced MN H.F.1278 establishing a Reproductive Health Equity Grant Fund in Minnesota, aimed at ensuring access to abortion care across the state. This one-time grant is designed to provide financial support to abortion providers, government entities, and nonprofit organizations that primarily facilitate access to abortion services. The fund will support the infrastructure of abortion care, including the recruitment and retention of staff, patient navigators, billing consultants, and investments in technology including telehealth. 

South Dakota:

Introduced H.B.1111 which makes an appropriation for grants to support the purchase of telehealth kiosks. While abortion is banned in South Dakota, telehealth kiosks can serve as an innovative model to expand care. 

RollBacks & Threats to TMAB Access 

State Policy Trend Update: TRAP laws have taken a new turn: whereas they once focused on in-clinic requirements, such as onerous zoning laws and building permits, they are now specifically targeting telehealth and medication abortion pills. 

Missouri:

A court ruling in December struck Missouri's abortion ban as unconstitutional after the state passed Amendment 3 in November. Missouri lawmakers introduced a new resolution that, if passed, would undo the protections of Amendment 3 and reinstate a total abortion ban with narrow exceptions for rape, incest, medical emergencies, and serious fetal anomalies. While a number of restrictions were overturned, the 72 hour waiting period remains in place, making TMAB possible, although only through hybrid care. 

Montana:

A proposed law would give embryos legal status from the moment of conception, banning abortion (and telehealth for medication abortion) outright, increasing pregnancy criminalization, and interfering with access to IVF TMAB is currently allowed in Montana

Nebraska:

Lawmakers introduced LB 512 which would legally mandate medically unnecessary barriers to obtaining medication abortion care, including Rh testing, in-person visitation, and documentation and reporting requirements. Nebraska already requires the physical presence of a provider for abortion care, effectively banning virtual care.

Texas:

In March, Texas lawmakers introduced HB 5510/2025, a first of its kind bill, prohibiting providing information on “method for obtaining” pills generally and targets people who “create, edit, upload, publish, host, maintain, or register a domain name for an Internet website … that assists or facilitates a person's effort in obtaining an abortion-inducing drug. This bill directly targets websites that share information about telehealth for medication abortion.

Kentucky:

Introduced H.B.759 which would amend Kentucky's abortion laws by defining medical terms, setting conditions for permissible abortions, requiring informed consent and ultrasounds, detailing documentation and reporting requirements, and protecting health care providers' rights, without specifying new funding allocations. Unnecessary reporting both risks patient and provider safety, increases criminalization risk, and places onerous barriers to telehealth abortion care. 

Wyoming:

Passed a law requiring women seeking medication abortion to undergo an invasive transvaginal ultrasound. Governor Mark Gordon vetoed this bill, but the veto was overridden by the legislature, and the law was enacted. While WY had allowed telehealth to be used for abortion care, this ultrasound requirement makes it unlikely that direct to patient care could be  possible unless a patient has access to an at-home ultrasound machine. 

Federal Policy 

  • Litigation Update: February 25, GenBioPro, the manufacturer of generic mifepristone, which is approved by the U.S. Food and Drug Administration (FDA) as part of a two-drug regimen for the termination of early pregnancy, filed a motion to intervene in Missouri et al. v. FDA (formerly known as Alliance for Hippocratic Medicine v. FDA) in the US District Court for Northern District of Texas United States District Court for the Northern District of Texas, Amarillo Division. GenBioPro has intervened because its generic approval is under direct attack in the lawsuit and access to mifepristone is essential for millions across the nation. 
  • On March 14th Congress passed a spending bill to fund the government until September 30, 2025. The continuing resolution includes an extension of flexibilities, first put into place during the COVID-19 public health emergency and extended several times since then, that have allowed patients insured through Medicare to more easily access care via telehealth. These flexibilities include, among other provisions, allowing Medicare patients to receive care via telehealth from within their home and permitting more providers to provide services via telehealth. Although these flexibilities only apply to fee-for-service Medicare, they have downstream effects, as some Medicare Advantage plans, state Medicaid programs, and commercial plans benchmark their telehealth coverage to Medicare. Telehealth advocates are celebrating the extension while continuing to push for these flexibilities to be made permanent -- and for other telehealth flexibilities that have expired to be reinstated. 
  • H.Res.65: Introduced on January 24, 2025 by Representative Josh Gottheimer, this resolution reaffirms the freedom to decide to have an abortion and expresses continued support for medication abortion access. It has been referred to the House Committees on Energy and Commerce and Judiciary. Affirming access to medication abortion is critical to ensure direct-to-patient telehealth services are available. 
  • Ending “Chemical Abortions” Act of 2025: Reintroduced by Congressman Andy Ogles on January 24, 2025, this bill seeks to federally ban the use of medication abortion in the United States criminal code.
  • Life At Conception Act: Introduced by a Missouri Republican in the House of Representatives, this act would codify fetal personhood by extending equal protection rights to fetuses, functionally banning abortion nationwide. The law would throw the legality of IVF into question and create legal uncertainty around proper protocol for miscarriage care and the treatment of other pregnancy-related medical conditions, including via telehealth. 
  • The DOJ published a notice of proposed rulemaking for a federal registration for telemedicine and limited state telemedicine registrations. A federal registration for telehealth providers may have consequences for the privacy of providers offering legally protected healthcare services, such as TMAB.

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