Guidance to Retail Pharmacies Issued By HHS Clarifying Their Obligations Regarding Reproductive Health Care Services

United States / National – Following President Biden’s Executive Order on access to reproductive health care, the United States Department of Health and Human Services (HHS) issued guidance to approximately 60,000 U.S. retail pharmacies on July 13, 2022, informing them of their obligations under federal civil rights laws. The guidance makes it clear that as recipients of federal financial assistance, including Medicare and Medicaid payments, pharmacies are prohibited by law from discriminating in their programs and activities based on race, color, national origin, gender, age, or disability. This includes supplying prescribed medications, determining whether prescribed medications are appropriate for a patient, and advising a patient about prescribed medications and how to take them.

“We are committed to ensuring that everyone can access health care, free of discrimination,” said HHS Secretary Becerra. “This includes access to prescription medications for reproductive health and other types of care.”

Under Section 1557 of the Affordable Care Act (Section 1557), 42 U.S.C. 18116, recipients of federal financial assistance cannot exclude an individual from participation in, denying them the benefits of, or otherwise subjecting them to discrimination based on sex and other bases (i.e., race, color, national origin, age, and disability) in their programs and activities. Under federal civil rights law, pregnancy discrimination includes discrimination based on current pregnancy, past pregnancy, potential or intended pregnancy, and medical conditions related to pregnancy or childbirth.