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. While the legal challenge continues, Pennsylvania’s Medicaid program cannot impose 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 a 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. The appeal automatically put the Commonwealth Court's ruling on hold, but the court lifted that hold in July 2026. As a result, Pennsylvania Medicaid’s program began covering abortion services without the previous restrictions and will continue to do so while the appeal is pending.

 PHLP will share updates as the case moves forward.