The federal government launched a probe into whether the nation’s largest drug store chains — including Walgreens and CVS — have refused to dispense meds that can induce abortions after Roe v. Wade was overturned.
“Since Dobbs & state laws that have gone into effect, HHS has received complaints about chain pharmacies across the U.S. for not complying w/ their federal obligations to fill prescriptions,” Health and Human Services Secretary Xavier Becerra tweeted Oct. 14.
He added that the HHS’ Office for Civil Rights opened investigations into retail pharmacy chains.
The Supreme Court scrapped the landmark law in June with its ruling in the Dobbs v. Jackson Women’s Health Organization.
A month after the Supreme Court decision, HHS issued guidance to around 60,000 retail pharmacies associated with Medicare and Medicaid payments taking federal financial assistance for patients’ rights to access reproductive healthcare from their outlets, including contraceptives prescribed to them.
HHS later clarified that emergency abortions were legal in every state — regardless of local law — and said retail pharmacies must continue distributing drugs affected by the ruling.
However, those who take methotrexate, a drug that can be used to treat rheumatoid arthritis and cancer, said they had difficulty getting their medication since can also induce an abortion.
Another drug, misoprostol, a medication used before IUD insertions that can also treat stomach ulcers, also has been allegedly denied to some customers.
HHS confirmed that methotrexate and emergency contraceptives are protected under federal law.
The pharmacy chains have been thrust in the middle of the national debate about abortion, with several states banning the procedure after the high court’s decision.
“Laws in select states restrict the dispensing of medications that may be prescribed for the purpose of inducing an abortion,” said a CVS spokesperson. “Our pharmacists, like other healthcare providers, are caught in the middle on this issue. In certain cases, they may face criminal charges for dispensing medications for this purpose.”
CVS, the largest retail pharmacy chain with over 9,900 retail locations in all 50 states, said it is committed to supporting women’s health care. The chain manages over 2.5 billion prescriptions every year.
Walgreens, which has about 8,965 stores and handled over 1.2 billion prescriptions in 2021, also said it is cooperating with HHS’ policies.
“Our pharmacists will continue to work closely with prescribers as necessary, to fill lawful, clinically appropriate prescriptions,” said Scott Goldberg, the director of corporate communications at Walgreens Boots Alliance. “Our top priority is ensuring our patients have access to the medications they need from pharmacists they know and trust.”