PolicyBrief
H.R. 719
119th CongressJan 24th 2025
No Abortion Coverage for Medicaid Act
IN COMMITTEE

This bill codifies the Hyde Amendment by ensuring that federal funds through Medicaid and CHIP cannot be used for abortions or health coverage that includes abortion, except in cases of rape, incest, or to save the life of the mother.

Josh Brecheen
R

Josh Brecheen

Representative

OK-2

LEGISLATION

New Bill Permanently Blocks Medicaid Funding for Most Abortions: Limits Set on State Healthcare Projects

The 'No Abortion Coverage for Medicaid Act' aims to make permanent the existing restrictions on federal funding for abortions through Medicaid and the Children's Health Insurance Program (CHIP). This bill reinforces the Hyde Amendment, which has historically limited federal funds for abortion services, and clarifies that these restrictions apply broadly, including to experimental state projects.

Medicaid Funding Restrictions

This legislation directly prohibits the Secretary of Health and Human Services from approving any state-proposed 'demonstration projects' under Section 1115 of the Social Security Act that would use federal funds for abortions or health coverage that includes abortion. This includes related expenses like travel and lodging. The bill specifies exceptions only for cases of rape, incest, or when the mother's life is at risk, and for the treatment of a miscarriage or ectopic pregnancy (SEC. 3).

For example, if a state wanted to test a new program that provided comprehensive reproductive health services, including abortions, using a mix of state and federal funds, this bill would prevent it. A low-income woman relying on Medicaid in that state, who might have benefited from the broader services, would not have access to abortion coverage under the program.

Real-World Impact

This bill essentially locks in the current limitations on abortion funding, making them harder to change in the future. It also prevents states from exploring new ways to use Medicaid funds to provide broader reproductive healthcare options. For instance, if a state like California or New York wanted to use federal Medicaid dollars to help cover travel costs for someone seeking an abortion, this bill would explicitly prohibit it (SEC. 3).

While the bill doesn't change the types of abortions that can be federally funded (still limited to rape, incest, or life endangerment), it does impact how states can use federal funds. It ties the hands of states that might want to provide more comprehensive reproductive health services, potentially impacting many individuals who rely on Medicaid for their healthcare.

Challenges and Long-Term Implications

One practical challenge is how the 'necessary to save the life of the mother' exception will be interpreted (SEC. 3). A narrow definition could create situations where doctors hesitate to provide potentially life-saving care due to concerns about legal repercussions. Also, the ban on funding 'related expenses' could create significant barriers, especially for those in rural areas or those who need to travel long distances to access care (SEC. 3).

Long-term, the bill reinforces existing disparities in healthcare access. Low-income individuals, disproportionately women of color, who rely on Medicaid, will face greater obstacles in accessing abortion services compared to those with private insurance or the means to pay out-of-pocket. The bill also limits the flexibility of states to design Medicaid programs that best meet the needs of their residents, potentially stifling innovation in reproductive healthcare delivery.