Category Archives: Gender Equity

Biden Administration, Gender Equity, Health Care, News & Photo Features

FACT SHEET: President Biden Issues Executive Order and Announces New Actions to Advance Women’s Health Research and Innovation

President Biden signed a new Executive Order that will direct the most comprehensive set of executive actions ever taken to expand and improve research on women’s health. These directives will ensure women’s health is integrated and prioritized across the federal research portfolio and budget, and will galvanize new research on a wide range of topics, including maternal health © Karen Rubin/news-photos-features.com

In his State of the Union address, President Biden laid out his vision for transforming women’s health research and improving women’s lives all across America. The President called on Congress to make a bold, transformative investment of $12 billion in new funding for women’s health research. This investment would be used to create a Fund for Women’s Health Research at the National Institutes of Health (NIH) to advance a cutting-edge, interdisciplinary research agenda and to establish a new nationwide network of research centers of excellence and innovation in women’s health—which would serve as a national gold standard for women’s health research across the lifespan.

It is long past time to ensure women get the answers they need when it comes to their health—from cardiovascular disease to autoimmune diseases to menopause-related conditions. To pioneer the next generation of discoveries, the President and the First Lady launched the first-ever White House Initiative on Women’s Health Research, which aims to fundamentally change how we approach and fund women’s health research in the United States.

President Biden signed a new Executive Order that will direct the most comprehensive set of executive actions ever taken to expand and improve research on women’s health. These directives will ensure women’s health is integrated and prioritized across the federal research portfolio and budget, and will galvanize new research on a wide range of topics, including women’s midlife health.

The President and First Lady are also announcing more than twenty new actions and commitments by federal agencies, including through the U.S. Department of Health and Human Services (HHS), the Department of Defense (DoD), the Department of Veterans Affairs (VA), and the National Science Foundation (NSF). This includes the launch of a new NIH-wide effort that will direct key investments of $200 million in Fiscal Year 2025 to fund new, interdisciplinary women’s health research—a first step towards the transformative central Fund on Women’s Health that the President has called on Congress to invest in. These actions also build on the First Lady’s announcement last month of the Advanced Research Projects Agency for Health (ARPA-H) Sprint for Women’s Health, which committed $100 million towards transformative research and development in women’s health.

The President is issuing an Executive Order that will:

  • Integrate Women’s Health Across the Federal Research Portfolio. The Executive Order directs the Initiative’s constituent agencies to develop and strengthen research and data standards on women’s health across all relevant research and funding opportunities, with the goal of helping ensure that the Administration is better leveraging every dollar of federal funding for health research to improve women’s health. These actions will build on the NIH’s current policy to ensure that research it funds considers women’s health in the development of study design and in data collection and analysis. Agencies will take action to ensure women’s health is being considered at every step in the research process—from the applications that prospective grantees submit to the way that they report on grant implementation.
     
  • Prioritize Investments in Women’s Health Research. The Executive Order directs the Initiative’s constituent agencies to prioritize funding for women’s health research and encourage innovation in women’s health, including through ARPA-H and multi-agency initiatives such as the Small Business Innovation Research Program and the Small Business Technology Transfer Program. These entities are dedicated to high-impact research and innovation, including through the support of early-stage small businesses and entrepreneurs engaged in research and innovation. The Executive Order further directs HHS and NSF to study ways to leverage artificial intelligence to advance women’s health research. These additional investments—across a wide range of agencies—will support innovation and open new doors to breakthroughs in women’s health.
     
  • Galvanize New Research on Women’s Midlife Health.  To narrow research gaps on diseases and conditions associated with women’s midlife health or that are more likely to occur after menopause, such as rheumatoid arthritis, heart attack, and osteoporosis, the President is directing HHS to: expand data collection efforts related to women’s midlife health; launch a comprehensive research agenda that will guide future investments in menopause-related research; identify ways to improve management of menopause-related issues and the clinical care that women receive; and develop new resources to help women better understand their options for menopause-related symptoms prevention and treatment. The Executive Order also directs the DoD and VA to study and take steps to improve the treatment of, and research related to, menopause for Service women and women veterans.
     
  • Assess Unmet Needs to Support Women’s Health Research. The Executive Order directs the Office of Management and Budget and the Gender Policy Council to lead a robust effort to assess gaps in federal funding for women’s health research and identify changes—whether statutory, regulatory, or budgetary—that are needed to maximally support the broad scope of women’s health research across the federal government. Agencies will also be required to report annually on their investments in women’s health research, as well as progress towards their efforts to improve women’s health.

 
Today, agencies are also announcing new actions they are taking to promote women’s health research, as part of their ongoing efforts through the White House Initiative on Women’s Health Research. Agencies are announcing actions to:

Prioritize and Increase Investments in Women’s Health Research

  • Launch an NIH-Cross Cutting Effort to Transform Women’s Health Throughout the Lifespan. NIH is launching an NIH-wide effort to close gaps in women’s health research across the lifespan. This effort—which will initially be supported by $200 million from NIH beginning in FY 2025—will allow NIH to catalyze interdisciplinary research, particularly on issues that cut across the traditional mandates of the institutes and centers at NIH. It will also allow NIH to launch ambitious, multi-faceted research projects such as research on the impact of perimenopause and menopause on heart health, brain health and bone health. In addition, the President’s FY25 Budget Request would double current funding for the NIH Office of Research on Women’s Health to support new and existing initiatives that emphasize women’s health research.

 
This coordinated, NIH-wide effort will be co-chaired by the NIH Office of the Director, the Office of Research on Women’s Health, and the institute directors from the National Institute on Aging; the National Heart, Lung, and Blood Institute; the National Institute on Drug Abuse; the Eunice Kennedy Shriver National Institute of Child Health and Human Development; the National Institute on Arthritis, Musculoskeletal and Skin Diseases.
 

  • Invest in Research on a Wide Range of Women’s Health Issues. The bipartisan Congressionally Directed Medical Research Program (CDMRP), led out of DoD, funds research on women’s health encompassing a range of diseases and conditions that affect women uniquely, disproportionately, or differently from men. While the programs and topic areas directed by Congress differ each year, CDMRP has consistently funded research to advance women’s health since its creation in 1993. In Fiscal Year 2022, DoD implemented nearly $490 million in CDMRP investments towards women’s health research projects ranging from breast and ovarian cancer to lupus to orthotics and prosthetics in women.  In Fiscal Year 2023, DoD anticipates implementing approximately $500 million in CDMRP funding for women’s health research, including in endometriosis, rheumatoid arthritis, and chronic fatigue.
     
  • Call for New Proposals on Emerging Women’s Health Issues. Today, NSF is calling for new research and education proposals to advance discoveries and innovations related to women’s health. To promote multidisciplinary solutions to women’s health disparities, NSF invites applications that would improve women’s health through a wide range of disciplines—from computational research to engineering biomechanics. This is the first time that NSF has broadly called for novel and transformative research that is focused entirely on women’s health topics, and proposals will be considered on an ongoing basis.
     
  • Increase Research on How Environmental Factors Affect Women’s Health. The Environmental Protection Agency (EPA) is updating its grant solicitations and contracts to ensure that applicants prioritize, as appropriate, the consideration of women’s exposures and health outcomes. These changes will help ensure that women’s health is better accounted for across EPA’s research portfolio and increase our knowledge of women’s environmental health—from endocrine disruption to toxic exposure.
     
  • Create a Dedicated, One-Stop Shop for NIH Funding Opportunities on Women’s Health. Researchers are often unaware of existing opportunities to apply for federal funding. To help close this gap, NIH is issuing a new Notice of Special Interest that identifies current, open funding opportunities related to women’s health research across a wide range of health conditions and all Institutes, Centers, and Offices. The NIH Office of Research on Women’s Health will build on this new Notice by creating a dedicated one-stop shop on open funding opportunities related to women’s health research. This will make it easier for researchers and institutions to find and apply for funding—instead of having to search across each of NIH’s 27 institutes for funding opportunities.

Foster Innovation and Discovery in Women’s Health

  • Accelerate Transformative Research and Development in Women’s Health. ARPA-H’s Sprint for Women’s Health launched in February 2024 commits $100 million to transformative research and development in women’s health. ARPA-H is soliciting ideas for novel groundbreaking research and development to address women’s health, as well as opportunities to accelerate and scale tools, products, and platforms with the potential for commercialization to improve women’s health outcomes.
     
  • Support Private Sector Innovation Through Additional Federal Investments in Women’s Health Research. The NIH’s competitive Small Business Innovation Research Program and the Small Business Technology Transfer Program is committing to further increasing—by 50 percent—its investments in supporting innovators and early-stage small businesses engaged in research and development on women’s health. These programs will solicit new proposals on promising women’s health innovation and make evidence-based investments that bridge the gap between performance of basic science and commercialization of resulting innovations. This commitment for additional funds builds on the investments the Administration has already made to increase innovation in women’s health through small businesses, including by increasing investments by sevenfold between Fiscal Year 2021 and Fiscal Year 2023.
     
  • Advance Initiatives to Protect and Promote the Health of Women. The Food and Drug Administration (FDA) seeks to advance efforts to help address gaps in research and availability of products for diseases and conditions that primarily impact women, or for which scientific considerations may be different for women, and is committed to research and regulatory initiatives that facilitate the development of safe and effective medical products for women. FDA also plans to issue guidance for industry that relates to the inclusion of women in clinical trials and conduct outreach to stakeholders to discuss opportunities to advance women’s health across the lifespan. And FDA’s Office of Women’s Health will update FDA’s framework for women’s health research and seek to fund research with an emphasis on bridging gaps in knowledge on important women’s health topics, including sex differences and conditions that uniquely or disproportionately impact women.
     
  • Use Biomarkers to Improve the Health of Women Through Early Detection and Treatment of Conditions, such as Endometriosis. NIH will launch a new initiative dedicated to research on biomarker discovery and validation to help improve our ability to prevent, diagnose, and treat conditions that affect women uniquely, including endometriosis. This NIH initiative will accelerate our ability to identify new pathways for diagnosis and treatment by encouraging multi-sector collaboration and synergistic research that will speed the transfer of knowledge from bench to bedside.
     
  • Leverage Engineering Research to Improve Women’s Health. The NSF Engineering Research Visioning Alliance (ERVA) is convening national experts to identify high-impact research opportunities in engineering that can improve women’s health. ERVA’s Transforming Women’s Health Outcomes Through Engineering visioning event will be held in June 2024, and will bring together experts from across engineering—including those in microfluidics, computational modeling, artificial intelligence/imaging, and diagnostic technologies and devices—to evaluate the landscape for new applications in women’s health. Following this event, ERVA will issue a report and roadmap on critical areas where engineering research can impact women’s health across the lifespan.
     
  • Drive Engineering Innovations in Women’s Health Discovery. NSF awardees at Texas A&M University will hold a conference in summer 2024 to collectively identify challenges and opportunities in improving women’s health through engineering. Biomedical engineers and scientists will explore and identify how various types of engineering tools, including biomechanics and immuno-engineering, can be applied to women’s health and spark promising new research directions.

Expand and Leverage Data Collection and Analysis Related to Women’s Health

  • Help Standardize Data to Support Research on Women’s Health. NIH is launching an effort to identify and develop new common data elements related to women’s health that will help researchers share and combine datasets, promote interoperability, and improve the accuracy of datasets when it comes to women’s health. NIH will initiate this process by convening data and scientific experts across the federal government to solicit feedback on the need to develop new NIH-endorsed common data elements—which are widely used in both research and clinical settings. By advancing new tools to capture more data about women’s health, NIH will give researchers and clinicians the tools they need to enable more meaningful data collection, analysis, and reporting and comprehensively improve our knowledge of women’s health.
     
  • Reflect Women’s Health Needs in National Coverage Determinations. The Centers for Medicare & Medicaid Services (CMS) will strengthen its review process, including through Coverage with Evidence Development guidance, to ensure that new medical services and technologies work well in women, as applicable, before being covered nationally through the Medicare program. This will help ensure that Medicare funds are used for treatments with a sufficient evidence base to show that they actually work in women, who make up more than half of the Medicare population.
     
  • Leverage Data and Quality Measures to Advance Women’s Health Research. The Centers for Disease Control and Prevention (CDC) and the Health Resources and Services Administration (HRSA) are building on existing datasets to improve the collection, analysis, and reporting of information on women’s health. The CDC is expanding the collection of key quality measures across a woman’s lifespan, including to understand the link between pregnancy and post-partum hypertension and heart disease, and plans to release the Million Hearts Hypertension in Pregnancy Change Package. This resource will feature a menu of evidence-informed strategies by which clinicians can change care processes. Each strategy includes tested tools and resources to support related clinical quality improvement. HRSA is modernizing its Uniform Data System in ways that will improve the ability to assess how women are being served through HRSA-funded health centers. By improving the ability to analyze data on key clinical quality measures, CDC and HRSA can help close gaps in women’s health care access and identify new opportunities for high-impact research.  

Strengthen Coordination, Infrastructure, and Training to Support Women’s Health Research

  • Launch New Joint Collaborative to Improve Women’s Health Research for Service Members and Veterans. DoD and VA are launching a new Women’s Health Research collaborative to explore opportunities that further promote joint efforts to advance women’s health research and improve evidence-based care for Service members and veterans. The collaborative will increase coordination with the goal of helping improve care across the lifespan for women in the military and women veterans. The Departments will further advance research on key women’s health issues and develop a roadmap to close pressing research gaps, including those specifically affecting Service women and women veterans.
     
  • Coordinate Research to Advance the Health of Women in the Military. DoD will invest $10 million, contingent on available funds, in the Military Women’s Health Research Partnership. This Partnership is led by the Uniformed Services University and advances and coordinates women’s health research across the Department. The Partnership is supporting research in a wide range of health issues affecting women in the military, including cancers, mental and behavioral health, and the unique health care needs of Active Duty Service Women. In addition, the Uniformed Services University established a dedicated Director of Military Women’s Health Research Program, a role that is responsible for identifying research gaps, fostering collaboration, and coordinating and aligning a unified approach to address the evolving needs of Active Duty Service Women.
     
  • Support EPA-Wide Research and Dissemination of Data on Women’s Health. EPA is establishing a Women’s Health Community of Practice to coordinate research and data dissemination. EPA also plans to direct the Board of Scientific Counselors to identify ways to advance EPA’s research with specific consideration of the intersection of environmental factors and women’s health, including maternal health.
     
  • Expand Fellowship Training in Women’s Health Research. CDC, in collaboration with the CDC Foundation and American Board of Obstetrics and Gynecology, is expanding training in women’s health research and public health surveillance to OBGYNs, nurses and advanced practice nurses. Through fellowships and public health experiences with CDC, these clinicians will gain public health research skills to improve the health of women and children exposed to or affected by infectious diseases, mental health and substance use disorders. CDC will invite early career clinicians to train in public health and policy to become future leaders in women’s health research.

Improve Women’s Health Across the Lifespan

  • Create a Comprehensive Research Agenda on Menopause. To help women get the answers they need about menopause, NIH will launch its first-ever Pathways to Prevention series on menopause and the treatment of menopausal symptoms. Pathways to Prevention is an independent, evidence-based process to synthesize the current state of the evidence, identify gaps in existing research, and develop a roadmap that can be used to help guide the field forward. The report, once completed, will help guide innovation and investments in menopause-related research and care across the federal government and research community.
     
  • Improve Primary Care and Preventive Services for Women. The Agency for Healthcare Research and Quality (AHRQ) will issue a Notice of Intent to publish a funding opportunity announcement for research to advance the science of primary care, which will include a focus on women’s health. Through this funding opportunity, AHRQ will build evidence about key elements of primary care that influence patient outcomes and advance health equity—focusing on women of color—such as care coordination, continuity of care, comprehensiveness of care, person-centered care, and trust. The results from the funding opportunity will shed light on vital targets for improvements in the delivery of primary healthcare across a woman’s lifespan, including women’s health preventive services, prevention and management of multiple chronic diseases, perinatal care, transition from pediatric to adult care, sexual and reproductive health, and care of older adults.
     
  • Promote the Health of American Indian and Alaska Native Women. The Indian Health Service is launching a series of engagements, including focus groups, to better understand tribal beliefs related to menopause in American Indian and Alaska Native Women. This series will inform new opportunities to expand culturally informed patient care and research as well as the development of new resources and educational materials.
     
  • Connect Research to Real-World Outcomes to Improve Women’s Mental and Behavioral Health. The Substance Abuse and Mental Health Services Administration (SAMHSA) is supporting a range of health care providers to address the unique needs of women with or at risk for mental health and substance use disorders. Building on its current efforts to provide technical assistance through various initiatives, SAMHSA intends, contingent on available funds, to launch a new comprehensive Women’s Behavioral Health Technical Assistance Center. This center will identify and improve the implementation of best practices in women’s behavioral health across the life span; identify and fill critical gaps in knowledge of and resources for women’s behavioral health; and provide learning opportunities, training, and technical assistance for healthcare providers.
     
  • Support Research on Maternal Health Outcomes. USDA will fund research to help recognize early warning signs of maternal morbidity and mortality in recipients of Special Supplemental Nutrition Program for Women, Infants, and Children (WIC), and anticipates awarding up to $5 million in Fiscal Year 2023 to support maternal health research through WIC. In addition, research being conducted through the Agricultural Research Service’s Human Nutrition Research Centers is focusing on women’s health across the lifespan, including the nutritional needs of pregnant and breastfeeding women and older adults.
Biden Administration, Gender Equity, News & Photo Features, President Joe Biden

FACT SHEET: Biden-Harris Administration Actions to Continue Advancing Pay Equity and Women’s Economic Security

President Biden is working to close gender and racial wage gaps including by improving wages for health workers and caregivers © Karen Rubin/news-photos-features.com

On Equal Pay Day, March 12, the Biden Administration marked celebrate how far we have come—and how far we have yet to go—in closing the gender pay gap.  Under the Biden-Harris Administration, America has seen an unprecedented—and equitable—economic recovery, building back an economy that is the strongest in the world. Women’s labor force participation is the highest it has been in decades, and the gender pay gap is the narrowest it has ever been on record.
 
At the same time, President Biden recognizes we still have work left to do. Women workers are still paid on average only 84 cents for every dollar paid to men. And the disparities are even greater for many women of color. These inequities cost women more than $1 trillion every year, and add up to hundreds of thousands of dollars lost over the course of a career for individual workers.
 
President Biden and Vice President Harris remain committed to closing gender and racial wage gaps and ensuring all people have a fair and equal opportunity to participate in the labor force and support their families. Closing wage gaps is critical to strengthening and growing the economy. This Equal Pay Day, the Biden-Harris Administration reaffirms its commitment to tackling pay gaps and announces new efforts to continue to build our understanding of pay disparities, address inequities, and support women’s economic security.

These actions will:

  • Promote equitable access to good-paying jobs. Last week, the President signed the Executive Order on Scaling and Expanding the Use of Registered Apprenticeships, which will expand and diversify Registered Apprenticeship programs, benefitting women and other underrepresented workers by increasing access to high-quality pathways to good-paying, family-sustaining jobs.
     
  • Support equal pay and further understanding of pay inequities. Today, for the first time, the Equal Employment Opportunity Commission (EEOC) is making available aggregate pay data from 2017 and 2018—collected from private employers and Federal contractors with 100 or more employees—via a user-friendly interactive tool, allowing researchers, stakeholders, and the public to better understand pay disparities based on sex, race/ethnicity, geography, industry, job category, and more.
     
  • Address occupational segregation. Today, the Department of Labor (DOL) is issuing an update to the Bearing the Cost report, analyzing the impact of “occupational segregation” on women’s economic security, particularly for Black and Hispanic women. Occupational segregation—the overrepresentation of women and people of color in occupations and industries that pay less, and their underrepresentation in occupations and industries that pay more—is a key contributor to pay inequity. DOL found that, over the course of a year, Black women lost $42.7 billion and Hispanic women lost $53.3 billion in wages compared to white men due to the impacts of occupational segregation.

Today’s announcements follow recent actions the Biden-Harris Administration has taken to further pay equity and transparency. On Equal Pay Day 2022, the President issued an Executive Order that committed to eliminate discriminatory pay practices in the Federal government and Federal contracting workforces. In January 2024, the Administration made good on that promise by committing to:

  • Advance pay equity for Federal workers. The Office of Personnel Management (OPM) published a final rule ensuring that more than 80 Federal agencies will no longer consider an individual’s non-Federal current or past pay when determining the salaries of Federal employees.  Ending the consideration of salary history in pay-setting decisions is a proven way to curb pay discrimination that often follows workers from job to job.
     
  • Promote economy, efficiency, and effectiveness in Federal contracting by advancing pay equity and pay transparency laws. The Federal Acquisition Regulatory (FAR) Council issued a proposal to prohibit Federal contractors and subcontractors from seeking and considering information about job applicants’ compensation history for employment decisions for personnel working on or in connection with a government contract. In addition, the proposal would require Federal contractors and subcontractors to disclose expected salary ranges in job postings, a policy shown to reduce pay inequities. These proposals will also help Federal contractors recruit, diversify, and retain talent; improve job satisfaction and performance; and reduce turnover—all factors associated with promoting the economy, efficiency, and effectiveness of the Federal contractor workforce.
     
  • Affirm equal pay obligations for Federal contractors. DOL’s Office of Federal Contract Compliance Programs (OFCCP) issued new guidance clarifying existing protections against discrimination in hiring or pay decisions. The guidance will help Federal contractors and employees understand when reliance on an individual’s compensation history for hiring or pay decisions may result in unlawful discrimination.

These efforts build upon actions the Biden-Harris Administration has taken to close gender and racial wage gaps and strengthen women’s economic security, which has led to the lowest unemployment rate among women since 1953. These include:

  • Ensuring women have access to good-paying jobs being created by the President’s Investing in America agenda. The Biden-Harris Administration’s investments through the American Rescue Plan (ARP), Bipartisan Infrastructure Law (BIL), CHIPS and Science Act, and Inflation Reduction Act (IRA) have created thousands of good-paying jobs in industries of the future. The Administration has taken steps to ensure increased access to these jobs, including for women, people of color, and members of other communities currently underrepresented in these growing sectors have equitable access to these careers. These steps include:
    • Launching the Good Jobs Initiative. DOL’s Good Jobs Initiative provides critical information to workers, employers, and government agencies to improve job quality, empower workers, and ensure workers, especially those from underserved communities, can access good union jobs free from discrimination and harassment. The Initiative is dedicated to advancing the Departments of Labor and Commerce’s Good Jobs Principles, which address recruitment and hiring; diversity, equity, inclusion, and accessibility; and pay. Key implementing agencies have signed memoranda of understanding with DOL to support the Good Jobs Initiative, promote equitable workforce development, and ensure workers have what they need to deliver on the President’s once-in-a-generation Investing in America agenda. 
       
    • Expanding access to good-paying construction jobs. To ensure women can access the almost 200,000 new construction jobs expected from the Biden-Harris Administration’s historic investments, the Department of Commerce launched the Million Women in Construction initiative, which calls on chip manufacturers, construction companies and unions to bring one million women into the construction industry over the next decade, roughly doubling women’s representation in the industry. DOL also launched the Mega Construction Project (Megaproject) Program, which fosters equal employment opportunity on designated BIL- and CHIPS-funded construction projects through intensive on-the-ground assistance to remove hiring barriers and promote consideration of a diverse pool of qualified workers, including women, people of color, veterans, and people with disabilities.
       
    • Improving access to child care for the semiconductor workforce through CHIPS and Science Act implementation requirements. The Department of Commerce’s implementation of the CHIPS and Science Act included a historic requirement that applicants requesting over $150 million in direct funding submit plans to provide accessible, affordable, high-quality child care. 
       
  • Increasing access to affordable care and supporting caregivers. Access to affordable, high-quality care is essential to ensuring parents, especially moms, can participate fully in the workforce. From day one, the Biden-Harris Administration has focused on ways to lower child care costs for hardworking families and improve wages for child care workers. The ARP Child Care Stabilization program delivered historic support to over 225,000 child care programs serving as many as 10 million children across the country. Over 90% of the child care programs that have received assistance are women-owned. The Council of Economic Advisors found that this stabilization funding supported savings for families with young children, raised the real wages of child care workers, and helped hundreds of thousands of women with young children enter or re-enter the workforce.

In addition, in April 2023, President Biden signed an Executive Order with more than 50 directives to nearly every cabinet-level agency to increase access to affordable, high-quality care and boost job quality for early educators and long-term care workers, who are disproportionately women of color. Among the many actions agencies have taken, the Department of Health and Human Services finalized a rule strengthening the Child Care and Development Block Grant (CCDBG) program and lowering child care costs for more than 100,000 families. 

  • Increasing the minimum wage. The President issued Executive Orders directing the Administration to work toward ensuring that employees working on Federal contracts and Federal employees earned at least a $15 per hour minimum wage. Those directives went into effect in January 2022, raising the wages of about 370,000 Federal employees and employees of Federal contractors. In addition to helping the government do its work more efficiently, these directives take a step towards narrowing racial and gender disparities in income, as many low paid workers are women and people of color. The order also eliminates the subminimum wage for workers with disabilities on Federal contracts. The President has called on Congress to raise the Federal minimum wage to $15 an hour, so that American workers can have a job that delivers dignity and to make greater strides towards pay equity.
     

Supporting women-owned businesses and entrepreneurs. Under the Biden-Harris Administration, Small Business Administration-backed loans to women-owned small businesses are up more than 60 percent, totaling $5.1 billion in lending to women-owned businesses in FY23. And a new report found that from 2019 to 2023, women’s small business formation surged, substantially outpacing overall formation. This Administration has invested $70 million in the Women Business Centers (WBC) network, expanding it for the first time into all 50 states and tripling the number of WBCs at Historically Black Colleges and Universities, Hispanic-Serving Institutions, and other minority-serving institutions. President Biden is also investing $10 billion through the ARP State Small Business Credit Initiative (SSBCI) to help States, territories, and Tribal governments leverage tens of billions more in matching public and private dollars to support small businesses across the United States, with a particular focus on historically underserved entrepreneurs, including women business owners. The ARP Restaurant Revitalization Fund helped over 40,000 women-owned restaurants and bars—thanks in part to steps taken by the Administration to ensure that women-owned and socially and economically disadvantaged businesses were able to access assistance.

Biden Administration, Gender Equity, News & Photo Features

FACT SHEET: In SOTU, Biden Continues the Fight for Reproductive Freedom, Calls on Congress to Restore Protections Under Roe

New Yorkers protest against the fall of reproductive freedom. Following the radical religious Supreme Court’s overturn of reproductive freedom under Roe with its Dobbs decision, dozens of states immediately instituted abortion bans, hundreds of laws have been introduced to restrict access to reproductive health care and to establish “personhood” of embryos. Biden-Harris has attempted to push back with federal actions to protect reproductive freedom © Karen Rubin/news-photos-features.com

The White House provided this fact sheet updating efforts by the Biden-Harris Administration to protect women’s reproductive freedom in the face of the ongoing assault from states and courts dominated by the religious right. The devastating impacts on the lives of women and families has been clear – most recently in Alabama’s use of “personhood” to elevate the “rights” of a frozen embryo over the mother and inject government control over her life and future. And Biden’s forceful whole-of-government approach is in contrast to the presumed Republican nominee, Trump’s, promise of instituting a national abortion ban of 15 or 16 weeks, Trump is not sure yet which number sounds better, and prosecuting women who try to assert their reproductive freedom.—Karen Rubin, [email protected]

Nearly two years after the Supreme Court overturned Roe v. Wade and the constitutional right to choose, millions of Americans are living under extreme state abortion bans. These dangerous laws are putting women’s health and lives at risk and threatening doctors with jail time, including life in prison, for providing the health care they have been trained to provide. And Republicans’ extreme out-of-touch agenda has put access to fertility treatments at risk for families who are desperately trying to get pregnant.
 
Tonight, Kate Cox and Latorya Beasley will join the First Lady as her guests at the State of the Union. Kate, a mother of two from Texas, has experienced the devastating consequences of state abortion bans and courageously spoke out about her experience seeking the care she needed to preserve her health—becoming one of the first women in 50 years to have to turn to the courts to ask permission to receive the abortion that her doctor recommended. She, like too many other women across the country, was ultimately forced to travel out of state for care that she would have been able to receive if Roe v. Wade were still the law of the land.
 
After a ruling from the Alabama Supreme Court put access to in vitro fertilization (IVF) on pause in much of the state, Latorya and her husband, who had been preparing for another round of IVF, learned that their embryo transfer was abruptly canceled. This heartbreaking setback in her and her husband’s journey to have their second child through IVF is yet another example of how the overturning of Roe v. Wade has disrupted access to reproductive health care for women and families across the country.
 
President Biden and Vice President Harris believe that stories like Kate’s and Latorya’s should never happen in America. But Republican elected officials want to impose this reality on women nationwide. They are doubling down on their assault on fundamental freedoms by proposing ever-more extreme bans in states and three national abortion bans in Congress. And, just last week, Senate Republicans blocked a vote to safeguard nationwide access to IVF. Their ongoing disregard for women’s ability to make these decisions for themselves and their families is outrageous and unacceptable.
 
In his State of the Union Address, President Biden will again call on Congress to restore the protections of Roe v. Wade in federal law so women in every state have the freedom to make deeply personal health care decisions. And the Biden-Harris Administration will continue to take executive action to protect access to reproductive health care, including through ongoing implementation of the President’s three Executive Orders and a Presidential Memorandum issued since the Court overturned Roe v. Wade. To date, the Administration has taken action to:

  • Protect access to abortion, including FDA-approved medication abortion;
  • Defend access to emergency medical care;
  • Support the ability to travel for reproductive health care;
  • Strengthen access to high-quality, affordable contraception;
  • Safeguard the privacy of patients and health care providers; and
  • Ensure access to accurate information and legal resources.

Protect Access to Abortion, Including FDA-Approved Medication Abortion
 
The Administration will continue fighting to protect a woman’s ability to access abortion care, including by defending access to FDA-approved, safe and effective medication abortion. The Administration will continue to:

  • Protect Access to Safe and Legal Medication Abortion.  On what would have been the 50th anniversary of Roe v. Wade, President Biden issued a Presidential Memorandum directing agencies to consider further efforts to support patients, providers, and pharmacies who wish to legally access, prescribe, or provide medication abortion. This Presidential Memorandum followed independent, evidence-based action taken by the Food and Drug Administration (FDA) to allow mifepristone to be prescribed by telehealth and sent by mail as well as to enable interested pharmacies to become certified to dispense the medication. As a result of the new pathway established by FDA, many pharmacies across the country—including major retail pharmacy chains—are now certified to dispense medication abortion. This new option gives many women the option to pick up their prescription for medication abortion at a local, certified pharmacy just as they would for any other medication.
     
  • Defend FDA Approval of Medication Abortion in Court.  FDA and the Department of Justice (DOJ) are defending access to mifepristone—a safe and effective drug used in medication abortion that FDA first approved more than twenty years ago—and FDA’s independent, expert judgment in court, including in a lawsuit before the Supreme Court that attempts to curtail access nationwide. The Administration will continue to stand by FDA’s decades-old approval and regulation of the medication as well as FDA’s ability to review, approve, and regulate a wide range of prescription medications. Efforts to impose outdated restrictions on mifepristone would limit access to this critical medication in every state in the country.
     
  • Partner with State Leaders on the Frontlines of Abortion Access.  The White House continues to partner with leaders on the frontlines of protecting access to abortion—both those fighting extreme state legislation and those advancing proactive policies to protect access to reproductive health care, including for patients who are forced to travel out of state for care. The Vice President has led these efforts, traveling to 20 states and meeting with more than 250 state legislators, health care providers, and advocates in the past year. And, on what would have been the 51st anniversary of Roe, the Vice President launched her nationwide Fight for Reproductive Freedoms tour to continue fighting back against extreme attacks throughout America.
     
  • Provide Access to Reproductive Health Care for Veterans.  The Department of Veterans Affairs (VA) issued a final rule to allow VA to provide abortion counseling and, in certain circumstances, abortion care to veterans and VA beneficiaries. Under this rule, VA provides abortion services when the health or life of the patient would be endangered if the pregnancy were carried to term or when the pregnancy is a result of rape or incest. When working within the scope of their federal employment, VA employees may provide abortion services as authorized by federal law regardless of state restrictions. 
     
  • Support Access to Care for Service Members.  The Department of Defense (DoD) has taken action to ensure that Service members and their families can access reproductive health care and that DoD health care providers can operate effectively. DoD released policies to support Service members and their families’ ability to travel for lawful reproductive health care, including abortion care and assisted reproductive technology services, and to bolster Service members’ privacy and afford them the time and space needed to make personal health care decisions.

Defend Access to Emergency Medical Care
 
All patients, including women experiencing pregnancy loss and other pregnancy-related emergencies, must be able to access the emergency medical care required by federal law. The Administration will continue to:

  • Defend Access to Emergency Abortion Care.  Republican elected officials have put women’s lives at risk by banning abortion even when a doctor determines that an abortion is necessary to prevent serious health consequences. The Administration is committed to ensuring that women who are experiencing pregnancy loss and other pregnancy-related emergencies have access to the full rights and protections for emergency medical care afforded under the Emergency Medical Treatment and Labor Act (EMTALA)—including abortion care when that is the stabilizing treatment required. The Department of Health and Human Services (HHS) issued guidance and Secretary Becerra sent letters to providers affirming the Administration’s view that EMTALA preempts conflicting state law restricting access to abortion in emergency situations. The DOJ has taken action defend and enforce that interpretation before the Supreme Court, which is expected to rule by June.
     
  • Educate Patients and Health Care Providers on Their Rights and Obligations for Emergency Medical Care. To increase awareness of EMTALA and improve the procedures for ensuring that patients facing all types of medical emergencies receive the care to which they are entitled, HHS issued a comprehensive plan to educate all patients about their rights and to help ensure hospitals meet their obligations under federal law. This effort included the launch of new accessible and understandable resources about rights and protections for patients under EMTALA and the process for submitting a complaint. HHS will also disseminate training materials for health care providers and establish a dedicated team of experts who will increase the Department’s capacity to support hospitals and providers across the country in complying with federal requirements—to help ensure that every patient receives the emergency medical care required under federal law.

Support the Ability to Travel for Reproductive Health Care
 
Women must be able to cross state lines to access legal reproductive health care. In the face of threats to the constitutional right to travel, the Administration will continue to:

  • Defend the Right to Travel.  On the day the Supreme Court overturned Roe v. Wade, President Biden reaffirmed the Attorney General’s statement that women must remain free to travel safely to another state to seek the care they need. In November 2023, DOJ filed a statement of interest in two lawsuits challenging the Alabama Attorney General’s threat to prosecute people who provide assistance to women seeking lawful out-of-state abortions. DOJ explained that the threatened Alabama prosecutions infringe the constitutional right to travel and made clear that states may not punish third parties for assisting women in exercising that right. DOJ continues to monitor states’ efforts to restrict the constitutional right to travel across state lines to receive lawful health care.  
     
  • Support Patients Traveling Out of State for Medical Care.  HHS issued a letter to U.S. governors inviting them to apply for Section 1115 waivers to expand access to care under the Medicaid program for women traveling from a state where reproductive rights are under attack and women may be denied medical care. HHS continues to review pending waiver applications and encourage state leaders to develop new waiver proposals that would support access to reproductive health care services.

Strengthen Access to High-Quality, Affordable Contraception
 
Contraception is an essential component of reproductive health care and has only become more important in the wake of the overturning of Roe v. Wade. In addition to FDA’s approval of the first daily oral contraceptive for over-the-counter use, the Administration will continue to:

  • Strengthen Access to Affordable, High-Quality Contraception.  Ahead of the one-year anniversary of the Supreme Court’s decision to overturn Roe v. Wade, the President issued an Executive Order directing agencies to consider actions to improve access and affordability for women with private health insurance; bolster access across Federal health programs; promote access to over-the-counter contraception; and further support access for Service members, veterans, Federal employees, and college students. Recent actions taken to implement this Executive Order include:
    • The Departments of the Treasury, Labor, and HHS issued new guidance to clarify standards and support expanded coverage of a broader range of FDA-approved contraceptives at no cost under the Affordable Care Act. This action builds on guidance issued in July 2022 to clarify protections for contraceptive coverage under the Affordable Care Act.
    • The Office of Personnel Management strengthened access to contraception for federal workers, retirees, and family members by issuing guidance to insurers participating in the Federal Employee Health Benefits Program that incorporates the Departments’ guidance. OPM has also newly required insurers that participate in the Federal Employee Health Benefits Program to take additional steps to educate enrollees about their contraception benefits.
    • The Secretary of HHS issued a letter to private health insurers, state Medicaid programs and state Children’s Health Insurance Programs, and Medicare plans about their obligations to cover contraception for those they serve. The letter targets a wide range of payers to advance compliance with existing standards and underscore the Administration’s commitment to ensuring that women across the country can access affordable contraception.
    • The Departments of the Treasury, Labor, and HHS issued a Request for Information to solicit public input on how to best ensure coverage and access to over-the-counter preventive services, including contraception, at no cost and without a prescription from a health care provider.
    • Vice President Harris and the Department of Education convened representatives from 68 college and university leaders in 32 states to hear promising strategies from leaders of postsecondary institutions for protecting and expanding access to contraception for their students and on campus.
    • The Gender Policy Council, Domestic Policy Council, and leaders from the Departments of the Treasury, Labor, and HHS called on private sector leaders to take robust additional actions to further expand access to contraception.
    • The Gender Policy Council and the Department of Health and Human Services joined a convening focused on strategies to expand the role of pharmacies and pharmacists in promoting access to contraception and breaking down barriers for consumers.
       
  • Expand Access to More Women Under the Affordable Care Act.  The Departments of the Treasury, Labor, and HHS proposed a rule to help ensure that all women with private health coverage who need and want contraception can obtain it without cost sharing as guaranteed under the Affordable Care Act. Millions of women have already benefited from this coverage, which has helped them save billions of dollars on contraception.
     
  • Support Access to Family Planning Services Through Title X Clinics.  HHS has strengthened access to care through Title X clinics, which have played a critical role in ensuring access to a broad range of high-quality family planning and preventive health services for more than 50 years. HHS provided funds to help these safety net clinics deliver equitable, affordable, client-centered, and high-quality family planning services and provide training and technical assistance for Title X clinics. Last year, HHS provided $263 million to over 4,000 Title X clinics across the country to provide a wide range of voluntary, client-centered family planning and related preventive services. The Title X Family Planning Program remains a critical part of the nation’s safety net, providing free or low-cost services for 2.6 million clients in 2022.
     
  • Promote Access to Contraception for Service Members and Their Families and Certain Dependents of Veterans.  To improve access to contraception at military hospitals and clinics, DoD expanded walk-in contraceptive care services for active-duty Service members and other Military Health System beneficiaries, and eliminated TRICARE copays for certain contraceptive services. And VA proposed a rule to eliminate out-of-pocket costs for certain types of contraception through the Civilian Health and Medical Program of the Department of Veterans Affairs.

Safeguard the Privacy of Patients and Health Care Providers
 
The Administration is committed to safeguarding sensitive health information and strengthening privacy protections for women and health care providers. The Administration will continue to:

  • Strengthen Reproductive Health Privacy under HIPAA.  HHS issued a proposed rule to strengthen privacy protections under the Health Insurance Portability and Accountability Act (HIPAA). As proposed, this rule would prevent an individual’s information from being disclosed to investigate, sue, or prosecute an individual, a health care provider, or a loved one simply because that person sought, obtained, provided, or facilitated legal reproductive health care, including abortion. By safeguarding sensitive information related to reproductive health care, the rule will strengthen patient-provider confidentiality and help health care providers give complete and accurate information to patients. Prior to the proposed rule, HHS issued guidance reaffirming HIPAA’s existing protections for the privacy of individuals’ protected health information.
     
  • Take Action Against Illegal Use and Sharing of Sensitive Health Information.  The Federal Trade Commission (FTC) has committed to enforcing the law against illegal use and sharing of highly sensitive data, including information related to reproductive health care. Consistent with this commitment, the FTC has taken several enforcement actions against companies for disclosing consumers’ personal health information, including highly sensitive reproductive health data, without permission.
     
  • Help Consumers Protect Their Personal Data.  The Federal Communications Commission (FCC) launched a guide for consumers on best practices for protecting their personal data, including geolocation data, on mobile phones. The guide follows a proposed rule that would strengthen data breach rules to provide greater protections to personal data. Separately, HHS issued a how-to guide for consumers on steps they can take to better protect their data on personal cell phones or tablets and when using mobile health apps, like period trackers, which are generally not protected by HIPAA.
     
  • Protect Students’ Health Information.  The Department of Education (ED) issued guidance to over 20,000 school officials to remind them of their obligations to protect student privacy under the Family Educational Rights and Privacy Act. The guidance helps ensure that school officials—at federally funded school districts, colleges, and universities—know that, with certain exceptions, they must obtain written consent from eligible students or parents before disclosing personally identifiable information from students’ educational records, which may include student health information. The guidance encourages school officials to consider the importance of student privacy, including health privacy, with respect to disclosing student records. ED also issued a know-your-rights resource to help students understand their privacy rights for health records at school. 
     
  • Safeguard Patients’ Electronic Health Information.  HHS issued guidance and a final rule affirming that doctors and other medical providers can take steps to protect patients’ electronic health information, including their information related to reproductive health care. HHS makes clear that patients have the right to ask that their electronic health information generally not be disclosed by a physician, hospital, or other health care provider. The guidance also reminds health care providers that HIPAA’s privacy protections apply to patients’ electronic health information.

Ensure Access to Accurate Information and Legal Resources
 
The Supreme Court’s decision to overturn Roe v. Wade has led to chaos and confusion. To help ensure that Americans have access to accurate information about their rights, the Administration will continue to:

  • Ensure Easy Access to Reliable Information.  HHS launched and maintains ReproductiveRights.gov, which provides timely and accurate information on people’s right to access reproductive health care, including contraception, abortion services, and health insurance coverage, as well as how to file a patient privacy or nondiscrimination complaint. DOJ also launched justice.gov/reproductive-rights, a webpage that provides a centralized online resource on the Department’s ongoing work to protect access to reproductive health care services under federal law.
     

Hosted a Convening of Lawyers in Defense of Reproductive Rights.  DOJ and the Office of White House Counsel convened more than 200 lawyers and advocates from private firms, bar associations, legal aid organizations, reproductive rights groups, and law schools across the country for a convening of pro-bono attorneys, as directed in the first Executive Order. Following this convening, reproductive rights organizations launched the Abortion Defense Network to offer abortion-related legal defense services, including legal advice and representation.

Biden Administration, Gender Equity, Health Care, News & Photo Features

FACT SHEET: Marking 51st Anniversary of Roe v. Wade, White House Task Force on Reproductive Healthcare Access Announces New Actions; Biden, Harris Vow to Restore Rights

Women’s March on Washington, Jan. 21, 2017. The contrast couldn’t be more stark: Women march in record numbers in Washington the day after Trump’s inauguration; Trump now boasts how he is responsible for the Supreme Court overturning women’s reproductive rights. The majority of Americans want reproductive freedom. Today, on what would have been the 51st anniversary of Roe, President Biden and Vice President Harris affirmed their commitment to restore women’s rights, bodily autonomy and self-determination. © Karen Rubin/news-photos-features.com

Biden-Harris Administration Announces New Actions to Help Strengthen Access to Contraception, Protect Access to Medication Abortion, and Ensure Patients Receive Emergency Medical Care

Today, on what would have been the 51st anniversary of Roe v. Wade, women’s health and lives hang in the balance due to extreme state abortion bans. These dangerous state laws have caused chaos and confusion, as women are being turned away from emergency rooms, forced to travel hundreds of miles, or required to go to court to seek permission for the health care they need.  

In the face of the continued threats to reproductive freedom, President Biden convened the fourth meeting of the Task Force on Reproductive Healthcare Access, where agencies announced new actions to protect access to reproductive health care. The Task Force also heard directly from physicians who are on the frontlines of the fallout from the overturning of Roe v. Wade.  

Opening the meeting, President Biden declared:  

Fifty-one years ago today, in Roe v. Wade, the Supreme Court recognized a woman’s constitutional right to choose — constitutional right to choose — the right to make a deeply personal decision with her doctor, free from the interference of politicians. I believe Roe v. Wade was right.  But then, a year and a half ago, this Supreme Court made an extreme decision, overturning Roe with their Dobbs decision, to rip away a constitutional right from the American people, which had never been done before — a fundamental right ripped away — important to so many Americans, a right that is vital to a country founded on the idea of freedom.  
 
I said on that day that Roe was overturned, the health and lives of women in this nation would now be at risk.  And that has unfortunately proven to be true…Today, in 2024 in America, women are turned away from emergency rooms, forced to travel hundreds of miles to get basic healthcare in another state that may have a different rule, forced to go to court to plead for help… 
 
The cruelty is astounding — an affront to a woman’s dignity, being told by extreme politicians to wait, to get sicker and sicker to the point where her life may be in danger before you can get the care you need. That cruel reality is the result of extreme Republicans who, for years, have made it their mission to end the Roe v. Wade decision. 
 
Since Roe was overturned, in 21 states, abortion bans are now in effect, many with no exception for rape or incest. We have doctors with us today who are on the frontlines of this crisis.  And they can attest to the consequences that these extreme laws are having on doctors and on their ability to care for their patients. Some doctors are fleeing their home states because of laws that would send them to prison for providing evidence-based healthcare. In states like Texas, doctors can get a life sentence — a life sentence for providing the care they were trained to provide.  It’s outrageous.  It’s simply outrageous.
 
And, frankly, this is just the beginning. My congressional Republican friends are going to even further extremes to undermine a woman’s rights and threatening the lives of women. Three different Republican members in the United States Congress have proposed three different additional national bans to criminalize healthcare in every state.  Let me tell you what they are.
 
One is a zero-week ban with absolutely no exceptions — a zero-week with absolutely no exceptions.  The second is a six-week ban.  The penalty for violating it is jail.  The third is a 15-week ban.  The penalty is a five-year prison sentence.
 
That means even if you live in a state where the extremist Republicans are not running the show, your right to choose, your right to privacy would still be at risk if this law was passed — any of these were passed nationally.
 
And the extreme right is trying to limit all women in America from getting a safe and effective medication, approved by the Federal Drug Administration over 20 years ago based on the FDA’s independent expert judgment.  They’re trying to block women from getting this medication even in states where abortion is legal. 
 
And on top of all of that, if you live in a state where you cannot get this care you need and you make a plan to travel to a state where you can get the[medical care],[Republican officials] are trying to stop that as well. In Alabama the Attorney General is threatening to prosecute people who help family members travel to another state.
 
Folks, this is what it looks like when the right to privacy is under attack.  These extreme laws have no place in the United States of America. 
 
You know, the American people know these laws are wrong.  The vast majority of Americans believe the right to choose is fundamental. 
 
Also today, the Vice President launch her nationwide Fight for Reproductive Freedoms tour to continue fighting back against extreme attacks throughout America. “These extremists want to roll back the clock to a time before women were treated as full citizens,” she declared at the kick-off event in Waukesha County, Wisconsin, 51 years to the day that Roe v. Wade was decided.

“As we face this crisis, as we are clear eyed about the harm, let us also understand who is responsible, shall we? The former president hand picked three Supreme Court justices because they intended for them to overturn Roe. .. Proud? Proud? Proud that women across our nation are suffering? Proud that women have been robbed of a fundamental freedom? Proud that doctors could be thrown in prison for caring for their patients, that young people today have fewer rights than their mothers and their grandmothers? How dare he?” the Vice President declared.

Biden-Harris Administration Actions to Protect Reproductive Health Care
 
During the Task Force meeting, members reported on ongoing implementation of the President’s three Executive Orders and a Presidential Memorandum on access to reproductive health care and announce new steps to: 

  • Strengthen Contraception Access and Affordability for Women with Private Health Insurance. The Administration is committed to ensuring that women have access to contraception—an essential component of reproductive health care that has only become more important in the wake of the Supreme Court’s decision to overturn Roe v. Wade—and reducing barriers that women face in accessing contraception prescribed by their provider. The Departments of the Treasury, Labor, and Health and Human Services (HHS) are issuing new guidance to clarify standards and support expanded coverage of a broader range of FDA-approved contraceptives at no cost under the Affordable Care Act. This action builds on the progress already made by the Affordable Care Act to expand access to affordable contraception for millions of women nationwide.

    In addition, the Office of Personnel Management will strengthen access to contraception for federal workers, retirees, and family members by issuing guidance to insurers participating in the Federal Employee Health Benefits Program that incorporates the Departments’ guidance. OPM will also newly require insurers that participate in the Federal Employee Health Benefits Program to take additional steps to educate enrollees about their contraception benefits.
    • Reinforce Obligations to Cover Affordable Contraception. The Secretary of HHS is issuing a letter to private health insurers, state Medicaid and Children’s Health Insurance Programs, and Medicare plans about their obligations to cover contraception for those they serve. The letter targets a wide range of payers to advance compliance with existing standards and underscore the Administration’s commitment to ensuring that women across the country can access affordable contraception. The letter also highlights recent HHS action to expand coverage and improve payment for contraceptives for Medicare beneficiaries, improving access for women with disabilities.
       Educate Patients and Health Care Providers on Their Rights and Obligations for Emergency Medical Care. The Administration is committed to helping ensure all patients, including women who are experiencing pregnancy loss and other pregnancy-related emergencies, have access to emergency medical care required under the Emergency Medical Treatment and Labor Act (EMTALA). The Administration has long taken the position that the required emergency care can, in some circumstances, include abortion care. The Department of Justice (DOJ) is defending that interpretation of the law before the Supreme Court, which is expected to rule by June. 

      To increase awareness of EMTALA and improve the procedures for ensuring that patients facing all types of medical emergencies receive the care to which they are entitled, HHS is announcing today a comprehensive plan to educate all patients about their rights and to help ensure hospitals meet their obligations under federal law. This effort will include the launch of new accessible and understandable resources about rights and protections for patients under EMTALA and the process for submitting a complaint. HHS will also disseminate training materials for health care providers and establish a dedicated team of experts who will increase the Department’s capacity to support hospitals and providers across the country in complying with federal requirements—to help ensure that every patient receives the emergency medical care required under federal law.
       
  • Protect Access to Safe and Legal Medication Abortion. One year ago today, President Biden issued a Presidential Memorandum directing further efforts to support patients, providers, and pharmacies who wish to legally access, prescribe, or provide medication abortion—including by taking steps to safeguard their safety and security. Today, the Department of Health and Human Services, the Department of Justice, and the Department of Homeland Security will report on their implementation of this Presidential Memorandum, including the resources they have disseminated to health care providers, including pharmacies, to support safe access to legal medication abortion.

 Today’s announcements build on the Administration’s strong record of taking action since the Supreme Court’s decision to overturn Roe v. Wade. These ongoing efforts to defend reproductive rights include:
 
Protecting Access to Abortion, including Medication Abortion

  • Defend FDA Approval of Medication Abortion in Court.  The Food and Drug Administration (FDA) and DOJ are defending access to mifepristone—a safe and effective drug used in medication abortion that FDA first approved more than twenty years ago—and FDA’s independent, expert judgment in court, including in a lawsuit before the Supreme Court that attempts to curtail access nationwide. The Administration will continue to stand by FDA’s decades-old approval and regulation of the medication and by FDA’s ability to review, approve, and regulate a wide range of prescription medications. Efforts to impose outdated restrictions on mifepristone would limit access to reproductive health care in every state in the country.
    • Protect Access to Safe and Legal Medication Abortion.  On what would have been the 50th anniversary of Roe v. Wade, President Biden issued a Presidential Memorandum directing agencies to consider further efforts to protect access to medication abortion. This Presidential Memorandum was issued in the face of attacks by state officials to prevent women from accessing mifepristone and discourage pharmacies from becoming certified to dispense the medication. These attacks followed independent, evidence-based action taken by FDA to allow mifepristone to continue to be prescribed by telehealth and sent by mail as well as to enable interested pharmacies to become certified.
       
    • Partner with State Leaders on the Frontlines of Abortion Access.  The White House continues to partner with leaders on the frontlines of protecting access to abortion—both those fighting extreme state legislation and those advancing proactive policies to protect access to reproductive health care, including for patients who are forced to travel out of state for care. The Vice President has led these efforts, traveling to 20 states and meeting with more than 250 state legislators, health care providers, and advocates in the past year. Today, she is kicking off her nationwide Fight for Reproductive Freedoms tour in Wisconsin.
       
    • Ensure Access to Emergency Medical Care.  Republican elected officials in states across the country have put women’s lives at risk by banning abortion even when her doctor determines that an abortion is necessary to prevent serious health consequences. The Administration is committed to ensuring all patients, including women who are experiencing pregnancy loss and other pregnancy-related emergencies, have access to the full rights and protections for emergency medical care afforded under federal law—including abortion care when that is the stabilizing treatment required. HHS issued guidance and Secretary Becerra sent letters to providers affirming the Administration’s view that EMTALA preempts conflicting state law restricting access to abortion in emergency situations. The Department of Justice has taken action defend and enforce these protections in court, including in a case currently before the Supreme Court.
       
    • Provide Access to Reproductive Health Care for Veterans.  The Department of Veterans Affairs (VA) issued an interim final rule to allow VA to provide abortion counseling and, in certain circumstances, abortion care to veterans and VA beneficiaries. VA provides abortion services when the health or life of the patient would be endangered if the pregnancy were carried to term or when the pregnancy is a result of rape or incest. When working within the scope of their federal employment, VA employees may provide abortion services as authorized by federal law regardless of state restrictions. DOJ will support and provide representation to any VA providers whom states attempt to prosecute for violations of state abortion laws where those providers were appropriately carrying out their duties under VA’s interim final rule. 
       
    • Support Access to Care for Service Members.  The Department of Defense (DoD) has taken action to ensure that Service members and their families can access reproductive health care and that DoD health care providers can operate effectively. DoD has released policies to support Service members and their families’ ability to travel for lawful non-covered reproductive health care and to bolster Service members’ privacy and afford them the time and space needed to make personal health care decisions.
       
    • Defend Reproductive Rights in Court. DOJ created a Reproductive Rights Task Force, which monitors and evaluates state and local actions that threaten to infringe on federal protections relating to the provision or pursuit of reproductive health care, impair women’s ability to seek abortion care where it is legal, impair individuals’ ability to inform and counsel each other about the care that is available in other states, ban mifepristone based on disagreement with FDA’s expert judgment about its safety and efficacy, or impose criminal or civil liability on federal employees who provide legal reproductive health services in a manner authorized by federal law.

 Supporting Women’s Ability to Travel for Medical Care

  • Defend the Right to Travel.  On the day of the Supreme Court’s decision to overturn Roe v. Wade, President Biden reaffirmed the Attorney General’s statement that women must remain free to travel safely to another state to seek the care they need. In November 2023, DOJ filed a statement of interest in two lawsuits challenging the Alabama Attorney General’s threat to prosecute people who provide assistance to women seeking lawful out-of-state abortions. DOJ explained that the threatened Alabama prosecutions infringe the constitutional right to travel and made clear that states may not punish third parties for assisting women in exercising that right. DOJ continues to monitor states’ efforts to restrict the constitutional right to travel across state lines to receive lawful health care.  
    • Support Patients Traveling Out of State for Medical Care.  HHS issued a letter to U.S. governors inviting them to apply for Section 1115 waivers to expand access to care under the Medicaid program for women traveling from a state where reproductive rights are under attack and women may be denied medical care. HHS continues to encourage state leaders to consider and develop new waiver proposals that would support access to reproductive health care services.

 
Safeguarding Access to Contraception

  • Strengthen Access to Affordable, High-Quality Contraception.  Ahead of the one-year anniversary of the Supreme Court’s decision to overturn Roe v. Wade, the President issued an Executive Order directing agencies to consider actions to improve access and affordability for women with private health insurance; promote increased access to over-the-counter contraception; support access to affordable contraception through Medicaid and Medicare; ensure Service members, veterans, and Federal employees are able to access contraception; bolster contraception access across Federal health programs; and support access for college students and employees. These are just some of the recent actions taken by the Biden-Harris Administration to implement this Executive Order:
    • Following FDA’s approval of the first daily oral contraceptive in the United States without a prescription, the Departments of the Treasury, Labor, and HHS issued a Request for Information to solicit public input on how to best ensure coverage and access to over-the-counter preventive services, including contraception, at no cost and without a prescription from a health care provider.
    • Vice President Harris and the Department of Education convened representatives from 68 college and university leaders in 32 states to hear promising strategies from leaders of postsecondary institutions for protecting and expanding access to contraception for their students and on campus.
    • The Gender Policy Council, Domestic Policy Council, and leaders from the Departments of the Treasury, Labor, and HHS convened private sector leaders to stress the need to continue to build on the significant progress already made under the Affordable Care Act in expanding access to contraception and call on participants to take robust additional actions to improve access.
    • The Health Resources and Services Administration proposed new data measures for federally funded health centers that, once finalized, will help ensure that patients are screened for contraception needs. Screening and data measures will help enhance the overall delivery of voluntary family planning and related services, which is a required primary health care service under federal law.
    • The Office of Personnel Management launched a public education campaign to highlight contraception benefits available to federal employees and their family members.
    • HHS is continuing its public-private partnership to expand access to contraception with Upstream, a national nonprofit organization that provides health centers with free patient-centered, evidence-based training and technical assistance to eliminate provider-level barriers to offering the full range of contraceptive options. To date, HHS has connected Upstream to nearly 100 health care clinics, resulting in partnerships that will help Upstream accelerate their national expansion to reach 5 million women of reproductive age every year. 
    • Clarify Protections for Women with Private Health Insurance. Under the Affordable Care Act, most private health plans must provide coverage for contraception and family planning counseling with no out-of-pocket costs. The Departments of the Treasury, Labor, and HHS convened a meeting with health insurers and employee benefit plans. These agencies called on the industry to meet their obligations to cover contraception as required under the law. Following this conversation, these agencies issued guidance to clarify protections for contraceptive coverage under the Affordable Care Act.
       
    • Expand Access Under the Affordable Care Act.  The Departments of the Treasury, Labor, and HHS proposed a rule to strengthen access to contraception under the Affordable Care Act so all women with private health coverage who need and want contraception can obtain it without cost sharing. Millions of women have already benefited from this coverage, which has helped them save billions of dollars on contraception.
       
    • Support Title X Clinics.  Last year, HHS provided $263 million to over 4,000 Title X clinics across the country to provide a wide range of voluntary, client-centered family planning and related preventive services. The Title X Family Planning Program remains a critical part of the nation’s safety net, providing free or low-cost services for 2.6 million clients in 2022.
       
    • Promote Access to Contraception for Service Members and Their Families and Certain Dependents of Veterans.  To improve access to contraception at military hospitals and clinics, DoD expanded walk-in contraceptive care services for active-duty Service members and other Military Health System beneficiaries, and eliminated TRICARE copays for certain contraceptive services. And VA proposed a rule to eliminate out-of-pocket costs for certain types of contraception through the Civilian Health and Medical Program of the Department of Veterans Affairs.

 
Promoting Safety and Security of Patients, Providers, and Clinics

  • Promote Safety and Security of Patients, Providers and Clinics. DOJ continues to robustly enforce the Freedom of Access to Clinic Entrances Act, which protects the right to access and provide reproductive health services.

 
Safeguarding Privacy and Sensitive Health Information

  • Strengthen Reproductive Health Privacy under HIPAA.  HHS issued a proposed rule to strengthen privacy protections under the Health Insurance Portability and Accountability Act (HIPAA). As proposed, this rule would prevent an individual’s information from being disclosed to investigate, sue, or prosecute an individual, a health care provider, or a loved one simply because that person sought, obtained, provided, or facilitated legal reproductive health care, including abortion. By safeguarding sensitive information related to reproductive health care, the rule will strengthen patient-provider confidentiality and help health care providers give complete and accurate information to patients. Prior to the proposed rule, HHS issued guidance reaffirming HIPAA’s existing protections for the privacy of individuals’ protected health information.
    • Take Action Against Illegal Use and Sharing of Sensitive Health Information.  The Federal Trade Commission (FTC) has committed to enforcing the law against illegal use and sharing of highly sensitive data, including information related to reproductive health care. Consistent with this commitment, the FTC has taken several enforcement actions against companies for disclosing consumers’ personal health information, including highly sensitive reproductive health data, without permission.
       
    • Help Consumers Protect Their Personal Data.  The Federal Communications Commission (FCC) launched a new guide for consumers on best practices for protecting their personal data, including geolocation data, on mobile phones. The guide follows a Notice of Proposed Rulemaking issued by FCC that would strengthen data breach rules to provide greater protections to personal data. Separately, HHS issued a how-to guide for consumers on steps they can take to better protect their data on personal cell phones or tablets and when using mobile health apps, like period trackers, which are generally not protected by HIPAA.
       
    • Protect Students’ Health Information.  ED issued guidance to over 20,000 school officials to remind them of their obligations to protect student privacy under the Family Educational Rights and Privacy Act (FERPA). The guidance helps ensure that school officials—at federally funded school districts, colleges, and universities—know that, with certain exceptions, they must obtain written consent from eligible students or parents before disclosing personally identifiable information from students’ educational records, which may include student health information. The guidance encourages school officials to consider the importance of student privacy, including health privacy, with respect to disclosing student records. ED also issued a know-your-rights resource to help students understand their privacy rights for health records at school. 
       
    • Safeguard Patients’ Electronic Health Information.  HHS issued guidance affirming that doctors and other medical providers can take steps to protect patients’ electronic health information, including their information related to reproductive health care. HHS makes clear that patients have the right to ask that their electronic health information generally not be disclosed by a physician, hospital, or other health care provider. The guidance also reminds health care providers that HIPAA’s privacy protections apply to patients’ electronic health information.

 
Reinforcing Nondiscrimination Protections under Federal Law

  • Protect Students from Discrimination Based on Pregnancy.  The Department of Education (ED) released a resource for universities reiterating their responsibilities not to discriminate on the basis of pregnancy or pregnancy-related conditions, including termination of pregnancy. This guidance reminds schools of their existing and long-standing obligations under Title IX.
    • Strengthen Nondiscrimination in Healthcare.  HHS issued a proposed rule to strengthen nondiscrimination in health care. The proposed rule would implement Section 1557 of the Affordable Care Act and affirms protections consistent with President Biden’s Executive Orders on nondiscrimination based on sexual orientation and gender identity.

 
Providing Access to Accurate Information and Legal Resources

  • Ensure Easy Access to Reliable Information.  HHS launched and maintains ReproductiveRights.gov, which provides timely and accurate information on people’s right to access reproductive health care, including contraception, abortion services, and health insurance coverage, as well as how to file a patient privacy or nondiscrimination complaint. DOJ also launched justice.gov/reproductive-rights, a webpage that provides a centralized online resource on the Department’s ongoing work to protect access to reproductive health care services under federal law.
    • Hosted a Convening of Lawyers in Defense of Reproductive Rights.  DOJ and the Office of White House Counsel convened more than 200 lawyers and advocates from private firms, bar associations, legal aid organizations, reproductive rights groups, and law schools across the country for a convening of pro-bono attorneys, as directed in the first Executive Order. Following this convening, reproductive rights organizations launched the Abortion Defense Network to offer abortion-related legal defense services, including legal advice and representation.

 
Promote Research and Data Collection

Use Data to Track Impacts on Access to Care.  HHS convened leading experts to discuss the state of existing reproductive health research and what the data tells us about the impact of the overturning of Roe v. Wade, as well as the future of research on reproductive health care access. These convenings helped identify research gaps, opportunities for collaboration, and ways to bolster research efforts for both Federal agencies and external partners.

Biden Administration, Gender Equity, Health Care, News & Photo Features

FACT SHEET: Biden Issues Executive Order on Strengthening Access to Contraception

“My Body My Business.” New Yorkers protest for women’s reproductive freedom © Karen Rubin/news-photos-features.com

On the one-year anniversary since the radical rightwing majority on the Supreme Court overturned women’s constitutional rights to reproductive freedom under Roe v. Wade, President Biden issued an Executive Order on Strengthening Access to Affordable, High-Quality Contraception and Family Planning Services. This was the third Executive Order on reproductive health care access that the President has signed since the Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization, and the first focused specifically on protecting and expanding access to contraception. “Contraception is an essential component of reproductive health care that has only become more important in the wake of Dobbs and the ensuing crisis in women’s access to health care,” the White House stated in a fact sheet detailing the Executive Order.

There is concern that just as the anti-reproductive freedom groups have gone after medication abortion, they may also go after contraception, something that Justice Clarence Thomas suggested he was amenable to do in declaring prior decisions open to “reconsideration.”

Meanwhile, the Federal Drug Administration gave approval for the first over-the-counter sale of a contraceptive pill without a doctor’s prescription. – Karen Rubin/news-photos-features.com

Through today’s Executive Order, the President announced actions to:

  • Improve Contraception Access and Affordability for Women with Private Health Insurance.  The Executive Order directs the Secretaries of the Treasury, Labor, and Health and Human Services (HHS) to consider new guidance to ensure that private health insurance under the Affordable Care Act covers all Food and Drug Administration-approved, -granted, or -cleared contraceptives without cost sharing and to streamline the process for obtaining care women need and want. This action will build on the progress already made under the Affordable Care Act by further reducing barriers that women face in accessing contraception prescribed by their provider.
    • Promote Increased Access to Over-the-Counter Contraception. The Executive Order directs the Secretaries of the Treasury, Labor, and HHS to consider new actions to improve access to affordable over-the-counter contraception, including emergency contraception. These actions could include convening pharmacies, employers, and insurers to discuss opportunities to expand access to affordable over-the-counter-contraception; identifying promising practices regarding the coverage of over-the-counter contraception at no cost to patients; and providing guidance to support seamless coverage of over-the-counter contraception.
       
    • Support Family Planning Services and Supplies through the Medicaid Program. The Executive Order directs the Secretary of HHS to consider new actions that expand access to affordable family planning services and supplies across the Medicaid program—such as sharing best practices for State Medicaid programs on providing high-quality family planning services and supplies, including through Medicaid managed care.
       
    • Improve the Coverage of Contraception through the Medicare Program. To improve coverage and payment for contraceptives for Medicare beneficiaries, the Executive Order directs the Secretary of HHS to consider new actions to strengthen the coverage of contraception through Medicare Advantage and Medicare Part D plans. This action will help ensure that Medicare beneficiaries, especially women of reproductive age with disabilities, can access contraception without unnecessary barriers.
       
    • Support Access to Contraception for Service Members, Veterans, and Federal Employees. The Executive Order directs the Secretary of Defense, the Secretary of Veterans Affairs, and the Director of the Office of Personnel Management to consider new actions to ensure robust coverage of contraception for Service members, veterans, and Federal employees and ensure that they and their families understand how to access these benefits. These actions will build on the steps that these agencies have already taken to bolster access to contraception for those they serve.
       
    • Bolster Contraception Access Across Federally-Supported Health Care Programs. The Executive Order directs the Secretary of HHS to consider encouraging Federally-supported health care and human services entities—such as Title X family planning clinics, community health centers, and the Indian Health Service—to expand the availability and quality of contraception access for those they serve. Actions could include issuing new guidance, technical assistance, and training resources so that providers in these programs understand their obligations under Federal law, including to provide culturally and linguistically appropriate family planning services.
       
    • Support Access to Affordable Contraception for Employees and College Students. The Executive Order directs the Secretary of Labor to identify and share best practices for employers and insurers in making affordable, high-quality contraception available to employees. To help bolster access for college and university students, the Executive Order directs the Secretary of Education to convene institutions of higher education to share best practices and ways to make sure that students understand their options for accessing contraception.
       
    • Promote Research and Data Analysis on Contraception Access.  To document the gaps and disparities in contraception access as well as the benefits of comprehensive coverage, the Executive Order directs the Secretary of HHS to support research, data collection, and data analysis on contraception access and family planning services.

The announcements build on actions that the Biden-Harris Administration has already taken to protect access to contraception, including in response to two prior Executive Orders directing actions to safeguard access to reproductive health care services. The Administration has taken action to:

  • Clarify Protections for Women with Private Health Insurance. Under the Affordable Care Act, most private health plans must provide contraception and family planning counseling with no out-of-pocket costs. The Departments of the Treasury, Labor, and HHS convened a meeting with health insurers and employee benefit plans. These agencies called on the industry to meet their obligations to cover contraception as required under the law. Following this conversation, these agencies issued guidance to clarify protections for contraceptive coverage under the Affordable Care Act.
    • Expand Access Under the Affordable Care Act. The Departments of the Treasury, Labor, and HHS proposed a rule to strengthen access to contraception under the Affordable Care Act so all women who need and want contraception can obtain it. Millions of women have already benefited from this coverage, which has helped them save billions of dollars on contraception.
       
    • Support Title X Clinics. HHS provided resources to bolster quality family planning services through the Title X Family Planning Program. HHS provided funds to help clinics deliver equitable, affordable, client-centered, and high-quality family planning services and provide training and technical assistance for Title X clinics through the Reproductive Health National Training Center and the Clinical Training Center for Sexual and Reproductive Health. In addition, recognizing the important role that Title X clinics play in supporting access to contraception, the President’s Fiscal Year 2024 Budget Request includes $512 million for the Title X Family Planning Program, a 76 percent increase above the 2023 enacted level.
       
    • Enhance Access Through a New Public-Private Partnership. HHS announced a new public-private partnership to expand access to contraception with Upstream, a national nonprofit organization that provides health centers with free patient-centered, evidence-based training and technical assistance to eliminate provider-level barriers to offering the full range of contraceptive options. This partnership will leverage Upstream’s $90 million in resources and build on Upstream’s work with over 100 health care organizations across 18 states and accelerate their national expansion to transform contraceptive care in more than 700 health centers by 2030, reaching 5 million women of reproductive age every year.
       
    • Promote Access to Contraception for Service Members and Their Families and Certain Dependents of Veterans. To improve access to contraception at military hospitals and clinics, the Department of Defense expanded walk-in contraceptive care services for active-duty Service members and other Military Health System beneficiaries. And the Department of Veterans Affairs proposed a rule to eliminate out-of-pocket costs for certain types of contraception through the Civilian Health and Medical Program of the Department of Veterans Affairs.
       
    • Ensure Access to Family Planning Services at Health Centers. The Health Resources and Services Administration provided updated guidance to community health centers on their obligation to offer family planning services to their patients. The guidance included evidence-based recommendations and resources to support health centers in providing high-quality family planning services.
       

Include Family Planning Providers in Health Plan Networks. HHS strengthened the standard for inclusion of family planning providers in Marketplace plans’ provider networks under the Affordable Care Act. This policy, which goes into effect for plan year 2024, will help increase consumers’ choice of high-quality providers and improve access to care for low-income and medically underserved consumers.

Biden Administration, Gender Equity, Health Care, News & Photo Features

FACT SHEET: One Year After SCOTUS Overturned Roe, Biden Administration Highlights Actions to Protect Access to Reproductive Health Care, Ongoing Commitment to Defending Reproductive Rights

New Yorkers protest the Supreme Court’s decision overturning women’s constitutional reproductive rights under Roe v. Wade a year ago © Karen Rubin/news-photos-features.com

On the one-year anniversary since the radical religious ideologues on the Supreme Court overturned Roe v. Wade and women’s constitutional right to self-determination and bodily autonomy, the White House issued this fact sheet highlighting the actions the Biden Administration has taken to protect access to reproductive health care, and its ongoing commitment to defending reproductive rights.

In a statement, President Joe Biden declared,

“One year ago today, the Supreme Court took away a constitutional right from the American people, denying women across the nation the right to choose. Overturning Roe v. Wade, which had been the law of the land for nearly half a century, has already had devastating consequences.
 
“States have imposed extreme and dangerous abortion bans that put the health and lives of women in jeopardy, force women to travel hundreds of miles for care, and threaten to criminalize doctors for providing the health care that their patients need and that they are trained to provide.
 
“Yet, state bans are just the beginning. Congressional Republicans want to ban abortion nationwide, but go beyond that, by taking FDA-approved medication for terminating a pregnancy, off the market, and make it harder to obtain contraception. Their agenda is extreme, dangerous, and out-of-step with the vast majority of Americans.
 
“My Administration will continue to protect access to reproductive health care and call on Congress to restore the protections of Roe v. Wade in federal law once and for all.”

– Karen Rubin/news-photos-features.com

One year ago, the Supreme Court eliminated a constitutional right that it had previously recognized, overturning nearly 50 years of precedent. Today, more than 23 million women of reproductive age—one in three—live in one of the 18 states with an abortion ban currently in effect. In the last year, women have been denied essential medical care to preserve their health and even save their lives. They have been turned away from emergency rooms, forced to delay care, and made to travel hundreds of miles and across state lines for needed medical care. Despite this devastating impact on women’s health, Republican elected officials continue to advance these bans at both the state and national level.

President Biden and Vice President Harris stand with the majority of Americans who believe the right to choose is fundamental—and who have made their voices heard at every opportunity since the Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization. As the President has made clear since the day of the Dobbs decision, the only way to ensure women in every state have access to abortion is for Congress to pass a law restoring the protections of Roe v. Wade.

While we continue to call on Congress to restore these protections, the Administration has taken executive action to protect access across the full spectrum of reproductive health care. In the wake of Dobbs, the President issued two Executive Orders directing a comprehensive slate of actions to protect access to reproductive health care services, including abortion. And today, the President is issuing a third Executive Order focused on strengthening access to affordable, high-quality contraception, a critical aspect of reproductive health care. The Administration remains fully committed to implementing these Executive Orders and advancing access to reproductive health care through the leadership of the interagency Task Force on Reproductive Healthcare Access, co-chaired by the White House Gender Policy Council and the Department of Health and Human Services (HHS).

Today, the Biden-Harris Administration is providing an update on the work of the Task Force on Reproductive Healthcare Access and the Administration’s ongoing efforts to defend reproductive rights.

Protecting Access to Abortion, including Medication Abortion

  • Ensure Access to Emergency Medical Care.  The Administration is committed to ensuring all patients, including women who are experiencing pregnancy loss, have access to the full rights and protections for emergency medical care afforded under federal law—including abortion care when that is the stabilizing treatment required. HHS issued guidance affirming requirements under the Emergency Medical Treatment and Labor Act (EMTALA) and Secretary Becerra sentletters to providers making clear that federal law preempts state law restricting access to abortion in emergency situations. The U.S. District Court of Idaho issued a preliminary injunction blocking the enforcement of Idaho’s abortion ban as applied to medical care required by EMTALA after the Department of Justice (DOJ) filed a lawsuit seeking to enjoin Idaho’s ban to the extent it makes abortion a crime even when necessary to prevent serious risks to the health of pregnant patients.
    • Defend FDA Approval of Medication Abortion in Court.  The Food and Drug Administration (FDA) and DOJ are defending access to mifepristone, a safe and effective drug used in medication abortion that FDA first approved more than twenty years ago, and FDA’s independent, expert judgment in court—including in a lawsuit in Texas that attempts to eliminate access nationwide. The Administration will continue to stand by FDA’s decades-old approval of the medication and by FDA’s ability to review, approve, and regulate a wide range of prescription medications.
       
    • Protect Access to Safe and Legal Medication Abortion.  On what would have been the 50th anniversary of Roe v. Wade on January 22, President Biden issued a Presidential Memorandum directing further efforts to protect access to medication abortion, including to support patients, providers, and pharmacies who wish to legally access, prescribe, or provide mifepristone—and to safeguard their safety and security, including at pharmacies. This Presidential Memorandum was issued in the face of attacks by state officials to prevent women from accessing mifepristone and discourage pharmacies from becoming certified to dispense the medication. These attacks followed independent, evidence-based action taken by FDA to allow mifepristone to continue to be prescribed by telehealth and sent by mail as well as to enable interested pharmacies to become certified.
       
    • Partner with State Leaders on the Frontlines of Abortion Access.  Today, the White House is releasing a new report on the battle for abortion access at the state level and the Administration’s engagement with state leaders over the past year. The report underscores the Administration’s ongoing commitment to partnering with leaders on the frontlines of protecting access to abortion—both those fighting extreme state legislation and those advancing proactive policies to protect access to reproductive health care, including for patients who are forced to travel out of state for care. The Vice President has led these efforts, traveling to 18 states and meeting with more than 250 state legislators, health care providers, and advocates in the past year. And last week, the White House hosted over 80 state legislators from 41 states to discuss efforts to protect access to reproductive health care.
    • Provide Access to Reproductive Health Care for Veterans.  The Department of Veterans Affairs (VA) issued an interim final rule to allow VA to provide abortion counseling and, in certain circumstances, abortion care to Veterans and VA beneficiaries. VA provides abortion services when the health or life of the patient would be endangered if the pregnancy were carried to term or when the pregnancy is a result of rape or incest. When working within the scope of their federal employment, VA employees may provide authorized services regardless of state restrictions. DOJ will defend any VA providers whom states attempt to prosecute for violations of state abortion laws. 
       
    • Support Access to Care for Service Members.  The Department of Defense (DoD) has taken action to ensure that Service members and their families can access reproductive health care and that DoD health care providers can operate effectively. DoD has released policies to support Service members and their families’ ability to travel for lawful non-covered reproductive health care and to bolster Service members’ privacy and afford them the time and space needed to make personal health care decisions.
       
    • Defend Reproductive Rights in Court. DOJ created a Reproductive Rights Task Force, which monitors and evaluates state and local actions that threaten to infringe on federal protections relating to the provision or pursuit of reproductive health care, impair women’s ability to seek abortion care where it is legal, impair individuals’ ability to inform and counsel each other about the care that is available in other states, ban medication abortion, or impose criminal or civil liability on federal employees who provide legal reproductive health services in a manner authorized by Federal law.

 
Supporting Women’s Ability to Travel for Medical Care

  • Defend the Right to Travel.  On the day of the Dobbs decisions, President Biden reaffirmed the Attorney General’s statement that women must remain free to travel safely to another state to seek the care they need. President Biden committed his administration to defending “that bedrock right,” and DOJ continues to monitor attempts to restrict a woman’s right to travel to receive lawful health care.  
    • Support Patients Traveling Out of State for Medical Care.  HHS Secretary Becerra and CMS Administrator Chiquita Brooks-LaSure issued a letter to U.S. governors inviting them to work with CMS and apply for Medicaid 1115 waivers to provide increased access to care for women from states where reproductive rights are under attack and women may be denied medical care. HHS continues to encourage state leaders to consider and develop new waiver proposals that would support access to reproductive health care services.
       

Safeguarding Access to Contraception

  • Strengthen Access to Affordable, High-Quality Contraception.  Today, the President issued an Executive Order directing agencies to: improve access and affordability for women with private health insurance; promote increased access to over-the-counter contraception; support access to affordable contraception through Medicaid and Medicare; ensure Service members, veterans, and Federal employees are able to access contraception; bolster contraception access across Federal health programs; and support access for college students and employees. The Task Force on Reproductive Healthcare Access will oversee the swift and robust implementation of this Executive Order in the coming months.
    • Clarify Protections for Women with Private Health Insurance. Under the Affordable Care Act, most private health plans must provide contraception and family planning counseling with no out-of-pocket costs. The Departments of the Treasury, Labor, and HHS convened a meeting with health insurers and employee benefit plans. These agencies called on the industry to meet their obligations to cover contraception as required under the law. Following this conversation, these agencies issued guidance to clarify protections for contraceptive coverage under the Affordable Care Act.
       
    • Expand Access Under the Affordable Care Act.  The Departments of the Treasury, Labor, and HHS proposed a rule to strengthen access to contraception under the Affordable Care Act so all women who need and want contraception can obtain it. Millions of women have already benefited from this coverage, which has helped them save billions of dollars on contraception.
       
    • Support Title X Clinics.  HHS provided resources to bolster quality family planning services through the Title X Family Planning Program, including funding to help clinics deliver equitable, affordable, client-centered, and high-quality family planning services and provide training and technical assistance for Title X clinics. In addition, recognizing the important role that Title X clinics play in supporting access to contraception, the President’s Fiscal Year 2024 Budget Request includes $512 million for the Title X Family Planning Program, a 76 percent increase above the 2023 enacted level.
    • Promote Access to Contraception for Service Members and Their Families and Certain Dependents of Veterans.  To improve access to contraception at military hospitals and clinics, DoD expanded walk-in contraceptive care services for active-duty Service members and other Military Health System beneficiaries, and eliminated TRICARE copays for medical contraceptive services. And VA proposed a rule to eliminate out-of-pocket costs for certain types of contraception through the Civilian Health and Medical Program of the Department of Veterans Affairs.
       

Reinforcing Nondiscrimination Protections under Federal Law

  • Issue Guidance to Retail Pharmacies.  HHS issued guidance to roughly 60,000 U.S. retail pharmacies to remind them of their obligations under federal civil rights laws to ensure access to comprehensive reproductive health care services. The guidance makes clear that as recipients of federal financial assistance, 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 guidance is especially important in the wake of reports that women of reproductive age have been denied prescription medication at pharmacies—including medication that is used to treat stomach ulcers, lupus, arthritis, and cancer—due to concerns that these medications could be used to terminate a pregnancy.
    • Protect Students from Discrimination Based on Pregnancy.  The Department of Education (ED) released a resource for universities outlining their responsibilities not to discriminate on the basis of pregnancy or pregnancy-related conditions, including termination of pregnancy. This guidance reminds schools of their existing and long-standing obligations under Title IX.
       
    • Strengthen Nondiscrimination in Healthcare.  HHS announced a proposed rule to strengthen nondiscrimination in health care. The proposed rule implements Section 1557 of the Affordable Care Act and affirms protections consistent with President Biden’s executive orders on nondiscrimination based on sexual orientation and gender identity.
       

Promoting Safety and Security of Patients, Providers, and Clinics

  • Promote Safety and Security of Patients, Providers and Clinics.  DOJ continues to robustly enforce the Freedom of Access to Clinic Entrances Act, which protects the right to access and provide reproductive health services.
     

Safeguarding Privacy and Sensitive Health Information

  • Strengthen Reproductive Health Privacy under HIPAA.  HHS issued a proposed rule to strengthen privacy protections under the Health Insurance Portability and Accountability Act (HIPAA). This rule would prevent an individual’s information from being disclosed to investigate, sue, or prosecute an individual, a health care provider, or a loved one simply because that person sought, obtained, provided, or facilitated legal reproductive health care, including abortion. By safeguarding sensitive information related to reproductive health care, the rule will strengthen patient-provider confidentiality and help health care providers give complete and accurate information to patients. Prior to the proposed rule and immediately after Dobbs, HHS issued guidance reaffirming HIPAA’s existing protections for the privacy of individuals’ protected health information.
    • Take Action Against Illegal Use and Sharing of Sensitive Health Information.  The Federal Trade Commission (FTC) has committed to enforcing the law against illegal use and sharing of highly sensitive data, including information related to reproductive health care. Consistent with this commitment, the FTC has taken first-of-its-kind enforcement actions against companies for disclosing consumers’ personal health information, including highly sensitive reproductive health data, without permission.
    • Help Consumers Protect Their Personal Data.  The Federal Communications Commission (FCC) launched a new guide for consumers on best practices for protecting their personal data, including geolocation data, on mobile phones. The guide follows a recent Notice of Proposed Rulemaking issued by FCC that would strengthen data breach rules to provide greater protections to personal data. In addition, separately, HHS issued a how-to guide for consumers on steps they can take to better protect their data on personal cell phones or tablets and when using mobile health apps, like period trackers, which are generally not protected by HIPAA.
    • Protect Students’ Health Information.  ED issued guidance to over 20,000 school officials to remind them of their obligations to protect student privacy under the Family Educational Rights and Privacy Act (FERPA). The guidance helps ensure that school officials—including those at federally funded school districts, colleges, and universities—know that, with certain exceptions, they must obtain written consent from eligible students or parents before disclosing personally identifiable information from students’ educational records, which may include student health information. The guidance encourages school officials to consider the importance of student privacy, including health privacy, with respect to disclosing student records. ED also issued a know-your-rights resource to help students understand their privacy rights for health records at school. 
    • Safeguard Patients’ Electronic Health Information.  HHS issued guidance affirming that doctors and other medical providers can take steps to protect patients’ electronic health information, including their information related to reproductive health care. HHS makes clear that patients have the right to ask that their electronic health information generally not be disclosed by a physician, hospital, or other health care provider. The guidance also reminds health care providers that HIPAA’s privacy protections apply to patients’ electronic health information.

 
Providing Access to Accurate Information and Legal Resources

  • Ensure Easy Access to Reliable Information.  HHS launched and maintains ReproductiveRights.gov, which provides timely and accurate information on people’s right to access reproductive health care, including contraception, abortion services, and health insurance coverage, as well as how to file a patient privacy or nondiscrimination complaint. DOJ also launched justice.gov/reproductive-rights, a webpage that provides a centralized online resource of the Department’s work to protect access to reproductive health care services under federal law.
    • Hosted a Convening of Lawyers in Defense of Reproductive Rights.  The Department of Justice and the Office of White House Counsel convened more than 200 lawyers and advocates from private firms, bar associations, legal aid organizations, reproductive rights groups, and law schools across the country for the first convening of pro-bono attorneys, as directed in the first Executive Order. Following this convening, reproductive rights organizations launched the Abortion Defense Network to offer abortion-related legal defense services, including legal advice and representation.
       
    • Launch a National Hotline to Enable Access to Accurate Information.  HHS issued a Notice of Funding Opportunity to establish a safe and secure national hotline to provide referral services to women in need of accurate information about their legal reproductive health care options. The nondirective hotline will provide information to patients served by the Title X family planning program who request information related to prenatal care and delivery; infant care, foster care, or adoption; or pregnancy termination.
       

Promote Research and Data Collection

  • Use Data to Track Impacts on Access to Care.  HHS will convene leading experts to discuss the state of existing reproductive health research and what the data tells us about the impact of the Dobbs decision, as well as the future of research on reproductive health care access. These convenings will help identify research gaps, opportunities for collaboration, and ways to bolster research efforts for both Federal agencies and external partners.

Leverage Maternal Health Data to Address Disparities.  FCC has committed to the swift implementation of the Data Mapping to Save Moms’ Lives Act, which directs FCC, in coordination with the Centers for Disease Control and Prevention, to incorporate publicly available data on maternal mortality and morbidity into its Mapping Broadband Health in America platform. This innovation will support women’s health by informing efforts to expand broadband access—including access to telehealth—in areas with poor maternal health outcomes. FCC will continue to explore opportunities to improve research, data collection, data analysis, and interpretation in the context of reproductive health care and maternal health outcomes.

Biden Administration, Civil Rights, Gender Equity, Health Care, News & Photo Features

FACT SHEET: Biden-Harris Administration Announces Actions to Protect Patient Privacy at the Third Meeting of the Task Force on Reproductive Healthcare Access

New Yorkers protest for reproductive rights. The Biden-Harris administration is taking steps to protect the privacy of women seeking reproductive healthcare and their providers. Efforts to protect sensitive health information, including related to reproductive health care, have taken on renewed importance, as states seek to penalize and criminalize health care providers and interfere in deeply personal medical decisions. © Karen Rubin/news-photos-features.com

The White House provided this fact sheet of actions the Biden-Harris Administration is taking to protect patient privacy in the wake of the assault on women’s access to reproductive health care:

Today, the Biden-Harris Administration will announce new actions to safeguard patient privacy at the third meeting of the Task Force on Reproductive Healthcare Access with Vice President Harris. These announcements build on actions that the Administration has taken to protect privacy and access to accurate information in the wake of the Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization, as the President directed in his first Executive Order to protect access to reproductive health care, including abortion. Efforts to protect sensitive health information, including related to reproductive health care, have taken on renewed importance, as states seek to penalize and criminalize health care providers and interfere in deeply personal medical decisions.

At the meeting, the Cabinet will discuss their ongoing efforts to defend reproductive rights and support access to reproductive health care more broadly. The Task Force will also discuss updates on the Administration’s response to Alliance for Hippocratic Medicine v. FDA, as well as efforts to implement the Presidential Memorandum on ensuring safe access to medication abortion, which has been approved by the Food and Drug Administration as safe and effective for over two decades.

Today, the Administration announced actions to:

  • Strengthen Reproductive Health Privacy under HIPAA. The Department of Health and Human Services (HHS) is issuing a Notice of Proposed Rulemaking to strengthen privacy protections under the Health Insurance Portability and Accountability Act (HIPAA). This rule would prohibit doctors, other health care providers, and health plans from disclosing individuals’ protected health information, including information related to reproductive health care, under certain circumstances. Specifically, the rule would prevent an individual’s information from being disclosed to investigate, sue, or prosecute an individual, a health care provider, or a loved one simply because that person sought, obtained, provided, or facilitated legal reproductive health care, including abortion. By safeguarding sensitive information related to reproductive health care, the rule will strengthen patient-provider confidentiality and help health care providers give complete and accurate information to patients.                                              
  • Protect Students’ Health Information. The Department of Education (ED) is issuing guidance to over 20,000 school officials to remind them of their obligations to protect student privacy under the Family Educational Rights and Privacy Act (FERPA). The guidance helps ensure that school officials—including those at federally funded school districts, colleges, and universities—know that, with certain exceptions, they must obtain written consent from eligible students or parents before disclosing personally identifiable information from students’ educational records, which may include student health information. The guidance encourages school officials to consider the importance of student privacy, including health privacy, with respect to disclosing student records. ED is also issuing a know-your-rights resource to help students understand their privacy rights for health records at school.  
  • Support Consumer Privacy. The Federal Communications Commission (FCC) is launching a new guide for consumers on best practices for protecting their personal data on mobile phones. The guide also explains how existing FCC requirements protect against the disclosure of consumers’ sensitive information, including geolocation data, which can be especially important in the context of accessing reproductive health care. The guide follows a recent Notice of Proposed Rulemaking issued by FCC that is aimed at updating and strengthening data breach rules to provide greater protections to personal data. 
  • Safeguard Patients’ Electronic Health Information. HHS is issuing guidance affirming that doctors and other medical providers can take steps to protect patients’ electronic health information, including their information related to reproductive health care. HHS will make clear that patients have the right to ask that their electronic health information generally not be disclosed by their physician, hospital, or other health care provider—including to other health care providers. The guidance also reminds health care providers that HIPAA’s privacy protections continue to apply to patients’ electronic health information.

The Administration also announced related efforts to provide access to accurate information and bolster data related to women’s health more broadly:

  • Leverage Maternal Health Data to Address Disparities. FCC is committing to the swift implementation of the Data Mapping to Save Moms’ Lives Act, which directs FCC, in coordination with the Centers for Disease Control and Prevention, to incorporate publicly available data on maternal mortality and morbidity into its Mapping Broadband Health in America platform. This innovation will support women’s health by informing efforts to expand broadband access—including access to telehealth—in areas with poor maternal health outcomes. This builds on the Administration’s work to improve maternal health and address long-standing disparities, including those spotlighted this Black Maternal Health Week. FCC will continue to explore opportunities to improve research, data collection, data analysis, and interpretation in the context of reproductive health care and maternal health outcomes. 
  • Promote Accurate Information About Reproductive Care. HHS is announcing that it will issue a new Notice of Funding Opportunity to establish a safe and secure national hotline to provide referral services to women in need of accurate information about their legal reproductive health care options. The nondirective hotline would provide information to patients served by the Title X family planning program who request information related to prenatal care and delivery; infant care, foster care, or adoption; or pregnancy termination.

Today’s announcements build on previous actions to protect patient privacy and access to accurate information. The Administration has taken action to:

  • Prevent Illegal Use and Sharing of Sensitive Health Information. The Federal Trade Commission (FTC) has committed to enforcing the law against illegal use and sharing of highly sensitive data, including information related to reproductive health care. Consistent with this commitment, the FTC recently took first-of-its-kind enforcement action against companies for disclosing consumers’ personal health information without permission to Facebook, Google, and others. The FTC has also urged companies to consider that sensitive data is protected by numerous state and federal laws and that claims that data is “anonymous” are often deceptive. 
  • Reinforce Existing Protections under the HIPAA Privacy Rule. Immediately after Dobbs, HHS issued guidance to help ensure doctors and other health care providers and health plans know that, with limited exceptions, they are not required—and in many cases, are not permitted—to disclose individuals’ health information, including to law enforcement. This guidance, which helps protect individuals seeking or receiving reproductive health care, remains in effect while today’s rulemaking is underway. The Notice of Proposed Rulemaking noted above would further strengthen privacy protections under the HIPAA Privacy Rule. 
  • Protect Individuals’ Health Information Online. HHS issued a bulletin to affirm that HIPAA’s privacy protections extend to the use of online tools offered by or on behalf of covered entities that collect protected health information through websites and mobile apps. These tools, such as “cookies” on a website, can be used to track online activity and information about website and app users, sometimes in ways that collect or reveal protected health information. This can include information about reproductive health care, such as the location of where an individual sought medical treatment. The bulletin makes clear that health care providers and health plans—as well as many of the entities that these organizations do business with—cannot use online tracking tools or share patient information with third parties in a way that violates HIPAA.
  • Help Consumers Protect Their Personal Data. HHS issued a how-to guide for consumers on steps they can take to make sure they are protecting their personal data on personal cell phones or tablets. HHS also provided tips for protecting individuals’ privacy when using mobile health apps, like period trackers. This resource helps ensure that consumers have the information they need to better protect their health information when it is accessed or stored on their personal cell phones or tablets, which are generally not protected under HIPAA.  
  • Promote the Privacy of Service Members. The Department of Defense issued an updated policy to provide Service members with time and flexibility to make private health care decisions while accounting for the responsibility placed on commanders to meet operational requirements and protect the health and safety of those in their care. This policy standardized the timeframe for Service members to inform their commanders about a pregnancy, generally allowing Service members until up to 20 weeks of pregnancy to notify their commanders of their pregnancy status, with limited exceptions to account for specific military duties, occupational health hazards, and medical conditions. 
  • Provide Access to Accurate Information and Legal Resources. On the day of the Supreme Court’s Dobbs decision, HHS launched ReproductiveRights.gov, which provides timely and accurate information about reproductive rights and access to reproductive health care. This includes know-your-rights information for patients and providers and promotes awareness of and access to family planning services, as well as guidance for how to file a patient privacy or nondiscrimination complaint with its Office for Civil Rights. DOJ also launched justice.gov/reproductive-rights, a webpage that provides a centralized online resource of the Department’s work to protect reproductive freedom under federal law.
Biden Administration, Gender Equity, Health Care, Justice system, News & Photo Features

Justice Department Sues Idaho to Protect Reproductive Rights

Complaint Alleges Idaho Law Violates the Emergency Medical Treatment and Labor Act
 

Protesting for reproductive rights © Karen Rubin/news-photos-features.com

The Justice Department today filed a lawsuit to protect the rights of patients to access emergency medical care guaranteed by federal law. The suit challenges Idaho Code § 18-622 (§ 18-622), which is set to go into effect on Aug. 25 and imposes a near-total ban on abortion.

The complaint seeks a declaratory judgment that § 18-622 conflicts with, and is preempted by, the Emergency Medical Treatment and Labor Act (EMTALA) in situations where an abortion is necessary stabilizing treatment for an emergency medical condition. The United States also seeks an order permanently enjoining the Idaho law to the extent it conflicts with EMTALA.

“On the day Roe and Casey were overturned, we promised that the Justice Department would work tirelessly to protect and advance reproductive freedom,” said Attorney General Merrick B. Garland.  “That is what we are doing, and that is what we will continue to do. We will use every tool at our disposal to ensure that pregnant women get the emergency medical treatment to which they are entitled under federal law. And we will closely scrutinize state abortion laws to ensure that they comply with federal law.” 

“Federal law is clear: patients have the right to stabilizing hospital emergency room care no matter where they live,” said Department of Health and Human Services Secretary Xavier Becerra. “Women should not have to be near death to get care. The Department of Health and Human Services will continue its work with the Department of Justice to enforce federal law protecting access to health care, including abortions.”

“One critical focus of the Reproductive Rights Task Force has been assessing the fast-changing landscape of state laws and evaluating potential legal responses to infringements on federal protections,” said Associate Attorney General Vanita Gupta. “Today’s lawsuit against the State of Idaho for its near-absolute abortion ban is the first public example of this work in action. We know that these are frightening and uncertain times for pregnant women and their providers, and the Justice Department, through the Task Force’s work, is committed to doing everything we can to ensure continued lawful access to reproductive services.”

EMTALA requires hospitals that receive federal Medicare funds to provide necessary stabilizing treatment to patients who arrive at their emergency departments while experiencing a medical emergency. When a physician reasonably determines that the necessary stabilizing treatment is an abortion, state law cannot prohibit the provision of that care. The statute defines necessary stabilizing treatment to include all treatment needed to ensure that a patient will not have her health placed in serious jeopardy, have her bodily functions seriously impaired, or suffer serious dysfunction of any bodily organ or part.

As explained in the complaint, once § 18-622 enters into effect in Idaho, a prosecutor can indict, arrest and prosecute a physician merely by showing that an abortion has been performed, without regard to the circumstances. A physician who provides an abortion in Idaho can ultimately avoid criminal liability only by establishing as an affirmative defense that “the abortion was necessary to prevent the death of the pregnant woman” or that, before performing the abortion, the pregnant patient (or, in some circumstances, their parent or guardian) reported an “act of rape or incest” against the patient to a specified agency and provided a copy of the report to the physician. The law provides no defense for an abortion necessary to protect the health of the pregnant patient. 

Idaho’s criminal prohibition of all abortions, subject only to the statute’s two limited affirmative defenses, directly conflicts with EMTALA and stands as an obstacle to the accomplishment of EMTALA’s federal objectives of providing stabilizing care and treatment to anyone who needs it. The Justice Department is committed to protecting access to reproductive services. Following the Supreme Court’s decision in Dobbs, the Justice Department established the Reproductive Rights Task Force, chaired by Associate Attorney General Gupta. The Task Force is charged with protecting access to reproductive freedom under federal law. For additional information on the work of the Task Force visit www.justice.gov/reproductive-rights.

Biden Administration, Economic Policies, Economy, Gender Equity, News & Photo Features

On Equal Pay Day, Biden-Harris Administration Commit to Support Women’s Economic Security

On Equal Pay Day, the White House is announcing critical steps the Biden-Harris Administration is taking to advance pay equity and promote women’s economic security. President Biden and Vice President Harris have long championed equal pay as a cornerstone of their commitment to ensuring all people have a fair and equal opportunity to get ahead. New actions promote women’s employment and support working families across the country © Karen Rubin/news-photos-features.com
 

This Equal Pay Day, the White House is announcing critical steps that the Biden-Harris Administration is taking to advance pay equity and promote women’s economic security.
 
President Biden and Vice President Harris have long championed equal pay as a cornerstone of their commitment to ensuring all people have a fair and equal opportunity to get ahead. Closing gender and racial wage gaps is essential to building an equitable economy and addressing the barriers that have long hampered women from fully participating in the labor force. But we still have work to do. In 2020, the average woman working full-time, year-round earned 83 cents for every dollar paid to their average male counterpart.  Compared with the average man working full-time, year-round, disparities are even greater for Black women, Native American women, and Latinas, as well as certain subpopulations of Asian women.
 
This Equal Pay Day, the Vice President is hosting a virtual summit, bringing together partners across the country who are taking critical steps to tackle pay discrimination, create good-paying jobs, and support families’ access to care.

Yesterday, the President published a proclamation on Equal Pay Day. The President stated “Equal pay is a matter of justice, fairness, and dignity — it is about living up to our values and who we are as a Nation.’  (Read and share the full proclamation here: A Proclamation on National Equal Pay Day, 2022 | The White House)

Today, the Biden-Harris Administration is announcing new actions to promote women’s employment and support working families across the country. These actions will:
 
• Advance pay equity for the Federal workforce.  The Office of Personnel Management announced that they anticipate issuing a proposed regulation that will address the use of prior salary history in the hiring and pay-setting process for Federal employees, consistent with the President’s Executive Order on Diversity, Equity, Inclusion, and Accessibility in the Federal Workforce.  Banning the use of prior salary history can help break the cycle of past arbitrary and potentially discriminatory pay that can follow women and workers of color from job to job, entrenching gender and racial pay gaps over time. 
 
• Promote efforts to achieve pay equity for job applicants and employees of Federal contractors. President Biden will sign an Executive Order directing the Federal Acquisition Regulatory Council to consider enhancing pay equity and transparency, including by limiting or prohibiting federal contractors from seeking and considering information about job applicants’ and employees’ existing or past compensation when making employment decisions, and appropriate accountability measures.  The Department of Labor will consult with the FAR Council on the efficiency, economy, and effectiveness in Federal contracting that would be promoted by potential regulatory changes, and the most effective implementation strategy for any subsequent rulemaking.
 
• Strengthen pay equity audits by Federal contractors. The Department of Labor’s Office of Federal Contract Compliance Programs issued a new directive clarifying federal contractors’ annual obligation to analyze their compensation practices.  Conducting these pay equity audits helps address and prevent pay disparities based on gender, race, or ethnicity.
 
• Ensure equitable access to good-paying jobs. The Department of Labor issued a report analyzing the impact that women’s concentration in low-wage sectors – and their relative underrepresentation in many good-paying occupations – has on their overall economic security and gender and racial wage gaps. The report finds that, in 2019, Black women lost $39.3 billion and Hispanic women lost $46.7 billion in wages compared to white men due to differences in industry and occupation. This segregation intensified the COVID-19 pandemic’s disproportionate impact on women, in part due to the overrepresentation of women in hard-hit industries such as hospitality.  
 
• Address discrimination against caregivers.  Yesterday, the Equal Employment Opportunity Commission published technical assistance on caregiver discrimination, addressing the circumstances under which discrimination against applicants and employees based on pandemic-related caregiving responsibilities may violate federal employment discrimination laws.
 
The actions announced today build on steps the Administration has taken to advance pay equity, including:
 
• Provided immediate relief through the American Rescue Plan (ARP) to millions of women who have borne the brunt of the pandemic.  This work includes: standing up a historic vaccination program that has fully vaccinated more than 215 million Americans; reopening schools; providing direct payments to individuals; expanding nutrition programs for families; providing paid leave tax credits for small and midsize employers; distributing the majority of emergency rental assistance to female-headed households; and expanding the Child Tax Credit, which last year helped reduce child poverty to its estimated lowest level in recorded American history.
 
• Helped keep child care providers open and boosted pay for child care workers. States have already delivered American Rescue Plan stabilization grants to more than 150,000 child care providers serving more than 5 million children and their families. One survey finds that 92% of providers receiving funds relied on them to help stay open and nearly half used them to repay debt incurred during the pandemic. Many states also used funds to help boost compensation of the child care workforce. For example, Minnesota is requiring providers to increase compensation, while North Carolina and Connecticut offered bonus payments to providers who increased compensation of the workforce. Increasing compensation for child care workers helps narrow gender and racial pay gaps, as more than nine in ten are women and more than four in ten are women of color. While ARP funds allowed child care programs to provide temporary bonuses, they need long-term funding as the President has proposed to sustainably increase wages.
 
• Provided tax relief to help families with child care costs during the pandemic by delivering a historic increase in the Child and Dependent Care Tax Credit (CDCTC) to support millions of working families this tax season. The ARP increased the maximum CDCTC for a median income family with two children under age 13 by more than sixtimes—providing up to $8,000 towards child care expenses in 2021. It will reimburse most families for up to half of their child care expenses. And the ARP CDCTC is fully-refundable, helping lower-income parents fully benefit regardless of their tax liability. Even before the pandemic, families struggled to afford child care, forcing parents and especially mothers to forego higher paying jobs, work fewer hours, or take time out of the workforce, leading to lower pay over their career. The President has urged Congress to pass his plan for child care, which could lower child care costs for nine in ten families with young children.
 
• Increased the minimum wage to $15 per hour for Federal workers and contractors, benefiting many women and people of color. The President issued Executive Orders directing the Administration to work toward ensuring that employees working on federal contracts and federal employees earned a $15 per hour minimum wage. Those directives went into effect in January, raising the wages of about 370,000 federal employees and employees of federal contractors. In addition to helping the government do its work more efficiently, these directives take a step towards narrowing racial and gender disparities in income, as many low-wage workers are women and people of color. The order also eliminates the subminimum wage for workers with disabilities. The President has called on Congress to raise the federal minimum wage to $15 an hour, so that American workers can have a job that delivers dignity, and to make greater strides towards pay equity.
 
• Signed into law the Bipartisan Infrastructure Law.  Administration investments through this law will increase access to good-paying jobs, including for women, people of color, and members of other communities who are currently underrepresented in the sectors where these jobs will be created, such as transportation, clean energy, and broadband.  The Department of Transportation and the Department of Labor signed a memorandum of understanding to promote the creation of good infrastructure and transportation jobs with a focus on equitable workforce development using funding from the Bipartisan Infrastructure Law.
 
• Issued an Executive Order to promote diversity, equity, inclusion, and accessibility across the federal government – the nation’s largest employer – including by prioritizing efforts to close gender and racial wage gaps, address workplace safety and harassment, including in our national security workforce, and advance equity for LGBTQI+ public servants.
 
• Issued an Executive Order on Promoting Competition in the American Economy. This established the Administration’s policy of addressing anticompetitive behavior in labor markets, which can fall heavily on women and workers of color. The Order includes specific initiatives to promote competition in labor markets, including encouraging the Federal Trade Commission (FTC) to ban or limit non-compete agreements, and encouraging the FTC and the Department of Justice to strengthen antitrust guidance to prevent employers from collaborating to suppress wages or reduce benefits by sharing wage and benefit information with one another.

The White House Equal Pay Day Summit
Tuesday, March 15, 2022 | 3pm ET 
Watch live here:  https://www.whitehouse.gov/live/

 Stay Connected  
Follow The White House Gender Policy Council on Twitter 
https://twitter.com/WhiteHouseGPC

Civil Rights, Democracy, Gender Equity, Health Care, Human Rights, News & Photo Features, Protest, Women's Rights

Thousands Join NYC March for Reproductive Freedom and Justice

1 Comment
Women’s March for Reproductive Freedom and Justice, NYC, October 2, 2021 © Karen Rubin/news-photos-features.com

By Karen Rubin, News & Photo Features, news-photos-features.com

Thousands gathered in Foley Square, in front of the federal court house, to hear calls for justice, equal rights and full personhood for women in face of the assault on abortion rights from Texas and dozens of states and the right wing majority Supreme Court’s deference and then marched up to Washington Square Park, bringing their messages of “Save Roe” “Keep Your Rosaries Off My Ovaries”, “Hands off Our Privates” “We Won’t Go Back” and “Ruth Sent Us.” (See: NYC Joins Millions Across Country in Rallies, Marches for Women’s Reproductive Freedom)

Here are some highlights:

We Demand Abortion Justice”. Women’s March for Reproductive Freedom and Justice, NYC, October 2, 2021 © Karen Rubin/news-photos-features.com
Women’s March for Reproductive Freedom and Justice, NYC, October 2, 2021 © Karen Rubin/news-photos-features.com
“I Love Someone Who Has Had an Abortion.” Women’s March for Reproductive Freedom and Justice, NYC, October 2, 2021 © Karen Rubin/news-photos-features.com
“Break All the Chains.” Women’s March for Reproductive Freedom and Justice, NYC, October 2, 2021 © Karen Rubin/news-photos-features.com
“No Going Back.” Women’s March for Reproductive Freedom and Justice, NYC, October 2, 2021 © Karen Rubin/news-photos-features.com
“Protect Our Rights.” Women’s March for Reproductive Freedom and Justice, NYC, October 2, 2021 © Karen Rubin/news-photos-features.com
“Pro Roe”. Women’s March for Reproductive Freedom and Justice, NYC, October 2, 2021 © Karen Rubin/news-photos-features.com
“We Are Not Your Incubators.” Women’s March for Reproductive Freedom and Justice, NYC, October 2, 2021 © Karen Rubin/news-photos-features.com
“Safe Accessible Abortions for Everyone.” Women’s March for Reproductive Freedom and Justice, NYC, October 2, 2021 © Karen Rubin/news-photos-features.com
“Baby.” Women’s March for Reproductive Freedom and Justice, NYC, October 2, 2021 © Karen Rubin/news-photos-features.com
“My Body. My Choice.” Women’s March for Reproductive Freedom and Justice, NYC, October 2, 2021 © Karen Rubin/news-photos-features.com
Resistance Revival Chorus sings for Reproductive Freedom. Women’s March for Reproductive Freedom and Justice, NYC, October 2, 2021 © Karen Rubin/news-photos-features.com