118 HR 6459 IH: No Abortion Coverage for Medicaid Act U.S. House of Representatives 2023-11-21 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I118th CONGRESS1st SessionH. R. 6459IN THE HOUSE OF REPRESENTATIVESNovember 21, 2023Mr. Brecheen (for himself, Mr. Kelly of Mississippi, Mr. Rosendale, Mr. Good of Virginia, Mr. LaMalfa, Mr. Duncan, Mrs. Miller of Illinois, Mrs. Hinson, Mr. Moolenaar, Mr. Lamborn, Mr. Weber of Texas, and Mr. Crenshaw) introduced the following bill; which was referred to the Committee on Energy and CommerceA BILLTo amend title XI of the Social Security Act to limit demonstration projects related to abortion under Medicaid and CHIP.

1.

Short title

This Act may be cited as the No Abortion Coverage for Medicaid Act.

2.

Findings

Congress finds the following:(1)The Hyde Amendment was first enacted in 1976 and has prevented taxpayer funds for abortions. (2)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. (3)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Security Act to expand access to elective abortions.(4)The Hyde Amendment applies to all Medicaid funds and cannot be superseded by a waiver under section 1115 of the Social Security Act.(5)Legislation to permanently prohibit Medicaid dollars from going to elective abortions, including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.

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..