No Abortion Coverage for Medicaid Act

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 719 Introduced in House (IH)]

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119th CONGRESS
  1st Session
                                H. R. 719

  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

                            January 24, 2025

 Mr. Brecheen (for himself, Mrs. Miller of Illinois, Mr. Crenshaw, Mr.
LaMalfa, Mr. Moolenaar, Mr. Weber of Texas, Mrs. Harshbarger, Mr. Gill
 of Texas, Mr. Ogles, Mr. Feenstra, Mrs. Hinson, Mr. Rose, Mr. Palmer,
   Mr. Webster of Florida, Mr. Guest, and Mr. Gosar) 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        cannot be superseded by a waiver under section 1115 of the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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