[Congressional Record Volume 140, Number 16 (Wednesday, February 23, 1994)]
[Extensions of Remarks]
[Page E]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]


[Congressional Record: February 23, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]

 
   INTRODUCTION OF LEGISLATION TO RESTORE STATES RIGHTS TO MEDICAID 
                            ABORTION FUNDING

                                 ______


                            HON. JAY DICKEY

                              of arkansas

                    in the house of representatives

                      Wednesday, February 23, 1994

  Mr. DICKEY. Mr. Speaker, today I am introducing legislation to 
reverse recently enunciated policy of the Department of Health and 
Human Services [HHS] to require States to use Medicaid funds for 
abortions in cases of rape or incest, even in States whose 
constitutions or laws forbid abortion funding for those purposes. 
Arkansas is one of those State.
  I agree with and voted for the modified Hyde amendment last year in 
the Department of Health and Human Services appropriations bill, to 
allow taxpayer funding of abortions for poor women in cases of rape and 
incest. However, that amendment contained no language to require States 
to fund such abortions if it is contrary to State law. Nor did the 
modified Hyde amendment provide the States with additional Federal 
funding for those purposes.
  Nonetheless, last December, the Clinton administration issued an 
interpretation of the modified Hyde amendment to require, rather than 
allow, States to use public funds to pay for abortions in cases of 
rape, incest, or danger to the mother's life. This low-key policy 
change, retroactive to October 1, 1993, appeared first in newspapers. 
This is where many of the State Medicaid Directors learned of the 
change. Ray Hanley, the Arkansas State Medicaid Director, first learned 
of the change after reading about it in the newspaper. Subsequently, 
the new guidelines were quietly faxed to each State medicaid director.
  The letter, dated December 28, 1993--Congress was out of session, the 
President was on vacation--was signed by Sally K. Richardson, the 
Director of the Medicaid Bureau, Health Care Financing Administration. 
The letter directed States to pay for abortions for low-income women in 
cases of rape or incest.
  Ms. Richrdson's order also contained a quirky little provision that 
interpreted the Hyde amendment to allow an abortion provider to suspend 
any State requirement that the rape or incest be reported to law 
enforcement officers. At least five States have such reporting 
requirements. The Hyde amendment includes no mention of reporting 
requirements.
  This HHS policy change is in conflict with the laws and constitutions 
of at least 36 States. Arkansas is one State that specifically 
prohibits State public financed abortions in cases of rape or incest, 
amendment 66 to the Arkansas Constitution.
  In a letter dated December 30, 1993, the State Medicaid Directors' 
Association, chaired by Ray Hanley of Arkansas, expressed its strong 
objection to HHS's new interpretation of the law. The letter 
characterized the interpretation as an unfunded mandate in clear 
violation of President Clinton's pledge to reduce unfunded mandates. 
Several State Medicaid Directors, including those from Arkansas, Utah, 
Pennsylvania, Colorado, and South Dakota, have also written in protest. 
State refusal to obey the administration's edict threatens future 
Federal matching funds.
  On January 19, 1994, Representative Henry Hyde issued a news release 
stating that ``there is no basis in the `Hyde amendment' for the recent 
Clinton administration decree that 37 States must rewrite their laws 
limiting State-funded abortions.'' Other Congressional leaders, such as 
Senate Minority Leader Bob Dole, on January 7, 1994 have said that 
Congress should look into the question of whether the congressional 
intent of the Hyde amendment was to require all States to pay for 
Medicaid abortions for low-income women in cases of rape or incest.
  My legislation provides that opportunity. My legislation reverses the 
HHS interpretation of the modified Hyde amendment by allowing, not 
requiring, States to use Medicaid funds to pay for abortions for poor 
women in cases of rape and incest, as well as to protect the life of 
the mother.
  I hope my colleagues, especially those from the States that prohibit 
such funding or have reporting requirements, will join me in this 
effort to reverse this unfortunate HHS interpretation of the modified 
Hyde amendment. Your support will support States rights; support 
funding of Federal mandates on the States; and support proper 
administrative procedures in changing public policy.

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