No Abortion Coverage for Medicaid Act
- Bill Number
- H.R. 719
- Origin Chamber
- House
- Congress
- 119th Congress, Session 1
- Policy Area
- Health
- Status
- Introduced
- Latest Action
- 2025-01-24: Referred to the House Committee on Energy and Commerce.
- Last Updated
- 2025-04-22T15:57:46Z
AI-Generated Summary
Purpose
The "No Abortion Coverage for Medicaid Act" (H.R. 719) aims to prevent federal funds from Medicaid and the Children's Health Insurance Program (CHIP) from being used to cover abortions through experimental, pilot, or demonstration projects. It seeks to align these programs with the Hyde Amendment, a long-standing policy that restricts taxpayer funding for most abortions, by closing potential loopholes in waiver approvals.
Key Provisions
- Findings Section: The bill outlines congressional findings, including the history of the Hyde Amendment (enacted in 1976 to block federal funds for abortions except in specific cases), its applicability to all Medicaid funds, and concerns over a 2022 Department of Health and Human Services (HHS) letter encouraging states to use waivers for elective abortion access.
- Amendment to Section 1115 of the Social Security Act: Adds a new subsection (g) prohibiting the HHS Secretary from approving (or extending) any demonstration project under Medicaid (Title XIX) or CHIP (Title XXI) that provides federal financial assistance for:
- Abortions.
- Health benefits coverage including abortions.
- Expenses like travel or lodging to obtain an abortion.
- Exceptions: The prohibition does not apply to abortions in cases of:
- Pregnancy resulting from rape or incest.
- Life-endangering physical conditions certified by a physician (e.g., severe illness or injury from the pregnancy).
- Treatment for miscarriage or ectopic pregnancy (a condition where the pregnancy develops outside the uterus).
Significant Changes to Existing Law
- Introduces a specific ban on using Section 1115 waivers (which allow states to test innovative approaches in Medicaid and CHIP) for abortion-related funding, reinforcing the Hyde Amendment's scope.
- Previously, waivers could potentially expand coverage in ways that might include abortions, but this bill explicitly bars such uses starting from the date of enactment, without needing annual appropriations riders like the Hyde Amendment.
Potential Impacts
- On Government Agencies: HHS would face restrictions in approving state waiver applications, potentially reducing administrative flexibility for Medicaid and CHIP innovations related to reproductive health. States could see delays or denials in funding requests that touch on abortion services.
- On Citizens: Low-income individuals enrolled in Medicaid or CHIP (primarily pregnant women and children) may have limited access to federally funded abortion services through state programs, except in the specified exceptions. This could increase out-of-pocket costs or reliance on non-federal funding for abortions.
- On International Relations: No direct impact, as the bill focuses on domestic U.S. health programs.
Main Stakeholders Affected
- Federal Government: HHS and the Secretary, who must enforce the new limitations on waivers.
- State Governments: Medicaid and CHIP administrators, who design and apply for demonstration projects and may need to adjust proposals to avoid abortion-related elements.
- Healthcare Providers and Beneficiaries: Abortion clinics, physicians, and low-income women seeking reproductive care under these programs, potentially facing reduced federal support.
- Advocacy Groups: Organizations focused on reproductive rights, fiscal conservatism, and public health, which may support or oppose the bill based on their priorities.
Notable Legal, Constitutional, or Political Implications
- Legal: Strengthens the Hyde Amendment by codifying it into permanent law for waivers, potentially reducing challenges to annual funding restrictions. However, it could invite lawsuits alleging violations of equal protection or reproductive rights under the Constitution (e.g., post-Roe v. Wade precedents like Dobbs v. Jackson Women's Health Organization in 2022, which returned abortion regulation to states).
- Constitutional: Raises questions about federalism, as it limits states' ability to use waivers for services deemed essential by some, without directly conflicting with the exceptions allowed under Hyde (which align with constitutional allowances for abortion in cases of rape, incest, or maternal health risks).
- Political: Likely to intensify debates on federal funding for abortions, appealing to anti-abortion advocates while drawing criticism from pro-choice groups for restricting access in public health programs. As an introduced bill in the 119th Congress (2025), its passage would depend on congressional majorities and could influence broader reproductive health policy.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Cosponsors (20)
Rep. Miller, Mary E. [R-IL-15], Rep. Crenshaw, Dan [R-TX-2], Rep. LaMalfa, Doug [R-CA-1], Rep. Moolenaar, John R. [R-MI-2], Rep. Weber, Randy K. Sr. [R-TX-14], Rep. Harshbarger, Diana [R-TN-1], Rep. Gill, Brandon [R-TX-26], Rep. Ogles, Andrew [R-TN-5], Rep. Feenstra, Randy [R-IA-4], Rep. Hinson, Ashley [R-IA-2], Rep. Rose, John W. [R-TN-6], Rep. Palmer, Gary J. [R-AL-6], Rep. Webster, Daniel [R-FL-11], Rep. Guest, Michael [R-MS-3], Rep. Gosar, Paul A. [R-AZ-9], Rep. Harris, Andy [R-MD-1], Rep. Harris, Mark [R-NC-8], Rep. Biggs, Sheri [R-SC-3], Rep. Stutzman, Marlin A. [R-IN-3], Rep. Green, Mark E. [R-TN-7]
Recent Actions
- 2025-01-24: Referred to the House Committee on Energy and Commerce.
- 2025-01-24: Introduced in House
- 2025-01-24: Introduced in House
Bill Versions
- No Abortion Coverage for Medicaid Act — issued 2025-01-24 — PDF (4 pages)