[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6459 Introduced in House (IH)]

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118th CONGRESS
  1st Session
                                H. R. 6459

  To amend title XI of the Social Security Act to limit demonstration 
         projects related to abortion under Medicaid and CHIP.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           November 21, 2023

Mr. 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 Commerce

_______________________________________________________________________

                                 A BILL


 
  To amend title XI of the Social Security Act to limit demonstration 
         projects related to abortion under Medicaid and CHIP.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

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

SEC. 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        cannot be superseded by a waiver under section 1115 of the 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.

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.''.
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