Medication Abortion and Mifepristone Access in Pennsylvania, New Jersey, and Delaware
Mifepristone is at the center of growing legal battles. Where does it leave medication abortion in Pa., N.J., and Delaware? Recent court rulings have created uncertainty around future access to a key abortion drug, as medication abortions account for 53% of all facility-based terminations in the U.S.
The Legal Landscape of Mifepristone
At the center of the legal conflict is an April 7 ruling by a federal judge in Texas in a case between a Christian legal group and the U.S. Food and Drug Administration over mifepristone, one of two medications approved for abortions up to 10 weeks of gestation. The Texas judge ruled that the drug should have never gone to market, despite the medication’s 23-year safety and efficacy history under FDA approval, and ordered that mifepristone’s approval status be suspended. A suspension of the drug’s status could effectively freeze manufacturing and distribution of the medication nationwide.
Before the suspension took effect, the U.S. Department of Justice under the Biden administration filed an appeal to the Texas ruling, and requested that access to mifepristone be preserved during the appeals process. The 5th Circuit Court of Appeals granted that request, but only partially. The appeals court said mifepristone could retain its approval status, but health providers could no longer prescribe the drug to patients through the mail, and it could only be used for abortion through 7 weeks of gestation.
Contradictory Rulings and State Access
Contributing to the confusion around the fate and status of mifepristone in the U.S. is a contradictory ruling made by a federal judge in Washington in a different lawsuit. On the same day as the Texas ruling, a Washington judge ruled in favor of attorneys general from 17 states, including Pennsylvania and Delaware, who sued the FDA to maintain expanded access to the drug. Reproductive health law expert Rebecca Rebouché, dean of Temple University’s Beasley School of Law, said this has all created an unprecedented situation, stating, “This issue is so confusing because we really are in uncharted territory.”
“These [rulings] are creating pandemonium and chaos,” Dr. Lisa Perriera, chief medical officer of the Women’s Center, said. “But the message that needs to be shared is abortion is still available at our centers.”
Cost and Availability in New Jersey
In New Jersey, abortion is legal throughout the state from big cities like Newark and Jersey City to more rural towns. Most likely, private New Jersey Family Care (Medicaid) can bring the cost of abortion care to as low as $0 depending on your plan. Abortion pill prices in New Jersey range from $0 with insurance to $483, depending on your provider, location, and financial assistance options.
Comparison of Abortion Costs in New Jersey
| Type of abortion | Cost in New Jersey |
|---|---|
| Procedural in-clinic abortion (avg.) | $495 to $1,095 |
| Abortion pills (avg.) | $483 |
| Abortion pills with Hey Jane | $299 to $499 |
How to Access Care via Virtual Providers
Hey Jane is the leading provider of at-home abortion care in the US. They offer medication abortion care for people who are at least 18 years old and are up to 10 weeks pregnant. You do not need to be a resident of New Jersey to get care. Patients who get treatment in New Jersey can use Aetna, Cigna, Horizon BlueCross BlueShield, and Sana Benefits insurance plans to pay for their medication abortion. If you are eligible, the clinical care team will guide you through the process to receive FDA-approved abortion pills, delivered quickly to your door.
If you're not able to get care locally, abortion funds can cover the full or partial cost of treatment as well as travel. Hey Jane offers several ways to lower the cost of care, including income-based pricing for all patients paying out of pocket and the use of HSA or FSA accounts to pay for treatment. Access is available via chat or video call, allowing patients to take treatment from the comfort of home.