Pennsylvania Medicaid Coverage Update: Abortion Services

Since 1982, Pennsylvania law has prohibited Medicaid from paying for abortion services except when the pregnancy results from rape or incest or endangers the life of the pregnant person. This restriction is being challenged in a case pending before the Pennsylvania Supreme Court. Although the legal challenge continues, Pennsylvania’s Medicaid program is lifting these restrictions on coverage of abortion services.

In April 2026, the Commonwealth Court ruled 4–3 in Allegheny Reproductive Health Center v. Pennsylvania Department of Human Services that the abortion coverage restriction violates the Pennsylvania Constitution, which prohibits discrimination on the basis of sex. The ruling also held that the state Constitution protects the right to reproductive autonomy.

Pennsylvania Attorney General Dave Sunday appealed the Commonwealth Court decision to the Pennsylvania Supreme Court, which has agreed to hear the case. While the appeal initially automatically put the Commonwealth Court's ruling on hold, that hold has since been lifted. As a result, Pennsylvania Medicaid’s program can cover abortion services using state funds without the previous restrictions, while the appeal continues. The PA Department of Human Services is currently working on operationalizing coverage for these services.  

 PHLP will share updates as the case moves forward.