Section 1 Short title
This Act may be cited as the “No Abortion Coverage for Medicaid Act”.
No Abortion Coverage for Medicaid Act
A BILL
To amend title XI of the Social Security Act to limit demonstration projects related to abortion under Medicaid and CHIP.
Sec. 2 Findings
Congress finds the following:
The Hyde Amendment was first enacted in 1976 and has prevented taxpayer funds for abortions.
The most recently enacted Hyde Amendment states that no appropriated dollars shall be expended for any abortion or health benefits coverage that includes coverage of abortion.
The Department of Health and Human Services sent a letter to the States on August 6, 2022, inviting States to use Medicaid funding under the demonstration authority under section 1115 of the Social Security Act to expand access to elective abortions.
The Hyde Amendment applies to all Medicaid funds and cannot be superseded by a waiver under section 1115 of the Social Security Act.
Legislation to permanently prohibit Medicaid dollars from going to elective abortions, including payment for abortions and services that necessitate receipt for services of abortion, is consistent with the Hyde Amendment.
Sec. 3 Limiting demonstration projects related to abortion under Medicaid and CHIP
Section 1115 of the Social Security Act (42 U.S.C. 1315) is amended by adding at the end the following new subsection:
“(g) Limitation on demonstration projects related to abortion
“(1) In general—Subject to paragraph (2), beginning on enactment, the Secretary may not approve an application (or extension) for any experimental, pilot, or demonstration project undertaken under subsection (a) to promote the objectives of title XIX or title XXI that provides Federal financial assistance for abortion, or health benefits coverage that includes abortion, including expenses for travel or lodging for the purpose of obtaining an abortion.
“(2) Exceptions—The limitations on paragraph (1) shall not apply to—
“(A) an abortion with respect to a pregnancy resulting from of an act of rape or incest;
“(B) treatment to address a physical disorder, physical injury, or physical illness, including a life-endangering physical condition caused by or arising from the pregnancy itself, that would, as certified by a physician, place the individual in danger of death unless such abortion is performed; or
“(C) treatment for miscarriage or ectopic pregnancy.”