The Government's Legal Abortion Stance: Understanding Subsidy Restrictions

The Hyde Amendment is a legislative provision barring the use of federal funds to pay for abortions, except to save the life of the woman, or if the pregnancy arises from incest or rape. The amendment was first passed in 1976 and has been re-enacted every year since. The amendment does not preclude women who receive health care through the U.S. government from paying for the procedure out of pocket.

The Hyde Amendment restricts federal funding for abortions, except in cases of life endangerment, rape or incest

The Hyde Amendment was introduced as a response to the 1973 Supreme Court decision in Roe v. Wade, which legalised abortion. The amendment initially only affected federal funding for abortions under Medicaid, a state and federal health program for individuals with low incomes. However, because Congress reauthorises the Hyde Amendment annually as an attachment to the appropriations bill for the Department of Health and Human Services (HHS), it also restricts federal abortion funding under the Indian Health Service, Medicare, and the Children's Health Insurance Program.

Over the years, language similar to that in the Hyde Amendment has been incorporated into a range of other federal programs that provide or pay for health services to people who could become pregnant, including the military's TRICARE program, federal prisons, the Peace Corps, and the Federal Employees Health Benefits Program. The Affordable Care Act (ACA) includes a provision that applies the Hyde restrictions to Marketplace plans, ensuring that federal funds are only used to subsidise coverage for pregnancy terminations that endanger the life of the pregnant person or that are a result of rape or incest.

The Hyde Amendment has been altered several times since its introduction. The version in force from 1981 until 1993 prohibited the use of federal funds for abortions, "except where the life of the mother would be endangered if the fetus were carried to term". In 1993, President Clinton signed into law the Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 1994, which expanded the category of abortions for which federal funds are available under Medicaid to include cases of rape and incest.

The Hyde Amendment restricts abortion coverage for federally-funded healthcare recipients, specifically women enrolled in Medicare and Medicaid, Native American women, US servicewomen and veterans, women in the Peace Corps, federal employee families, D.C. women residents, and women in immigration detention facilities and prisons. The amendment does not, however, preclude women who receive healthcare through the US government from paying for the procedure out of pocket.

The amendment has been criticised for disproportionately affecting low-income women, women of colour, younger women, and immigrants, as an estimated 42% of abortion recipients live below the poverty line. Since the passage of the Hyde Amendment, more than one million women have been unable to afford abortions. 18 to 33% of Medicaid-eligible women who desire abortions have also given birth because they live in states that do not provide funding.

The Hyde Amendment was first passed in 1976, four years after Roe v. Wade

The Hyde Amendment bans the use of federal funds to pay for abortions, except to save the life of the woman, or if the pregnancy arises from incest or rape. Before the Hyde Amendment took effect in 1980, an estimated 300,000 abortions were performed annually using federal funds.

The original Hyde Amendment was passed on September 30, 1976, by the House of Representatives, with a 312–93 vote to override the veto of a funding bill for the Department of Health, Education, and Welfare (HEW). Congress later altered the Hyde Amendment several times. The version in force from 1981 until 1993 prohibited the use of federal funds for abortions, "except where the life of the mother would be endangered if the fetus were carried to term".

The Hyde Amendment has been re-enacted every year since 1976, but exceptions have varied. For example, the 1978 Amendment presented new exceptions for rape survivors and incest cases. In 1980, the Supreme Court upheld the constitutionality of the original Hyde Amendment language with a 5–4 vote in Harris v. McRae. The majority found that the Hyde Amendment did not violate the Establishment Clause under the First Amendment, or due process/equal protection provided by the Fourteenth Amendment. This case decided the single exception for the Amendment would be in cases where the woman's life is endangered.

The Hyde Amendment restricts abortion coverage for federally funded health care recipients, specifically women enrolled in Medicare and Medicaid, Native American women, U.S. servicewomen and veterans, women in Peace Corps, federal employee families, D. C. women residents, and women in immigration detention facilities and prisons. The Hyde Amendment does not preclude women who receive health care through the U.S. government the option of paying for the procedure out of pocket. According to a 2014 national survey of abortion patients, women in states without Medicaid coverage of abortion were three times as likely to pay for their abortions out of pocket, and five times as likely to rely on financial assistance from an abortion fund, compared to women in states with Medicaid coverage.

The Hyde Amendment has been attached as a temporary “rider” to the annual Congressional appropriations bill for the Department of Health and Human Services (HHS) and has been renewed annually by Congress.

The Hyde Amendment has been re-enacted every year since 1976, but exceptions have varied

The Hyde Amendment was first passed in 1976 and has been re-enacted every year since, but the exceptions have varied. The Amendment was named after its chief sponsor, Republican Congressman Henry Hyde of Illinois. It was one of the first major legislative gains by the United States anti-abortion movement following the 1973 Supreme Court decision in Roe v. Wade.

The Hyde Amendment has been altered several times since its inception. The Amendment was initially blocked for almost a year by an injunction in the McRae v. Matthews case, where the Reproductive Freedom Project, the Center for Constitutional Rights, and Planned Parenthood collectively represented a pregnant Medicaid recipient and health care providers who challenged the Hyde Amendment. The United States Supreme Court vacated the injunction in August 1977, leading abortions financed by federal Medicaid to drop from 300,000 per year to a few thousand.

The Amendment was altered in 1981 to prohibit the use of federal funds for abortions "except where the life of the mother would be endangered if the fetus were carried to term". This decision was upheld from 1981 to 1993. In 1993, President Clinton signed into law the Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, which expanded the category of abortions for which federal funds are available under Medicaid to include cases of rape and incest.

In 2017, the House voted to make the Hyde Amendment permanent, but the bill failed to become law. In 2018, Republicans proposed adding the Hyde Amendment to the Affordable Care Act in the 2018 spending bill, but this was rejected by Democrats. In 2021, President Biden introduced a budget that completely omitted the Hyde Amendment, but the amendment was reinserted into the federal budget that was passed in March 2022.

The Hyde Amendment disproportionately affects low-income women, women of colour, younger women, and immigrants

The Hyde Amendment, a legislative provision barring the use of federal funds to pay for abortions, has been criticised for disproportionately affecting low-income women, women of colour, younger women, and immigrants.

Low-income women

Low-income women are more likely to rely on Medicaid, a state and federal health program for individuals with low incomes, for their healthcare coverage. Since 1977, the Hyde Amendment has banned the use of any federal funds for abortion, except in cases where the pregnant person's life is endangered or the pregnancy is a result of rape or incest. This means that low-income women who are unable to afford the cost of an abortion may have to postpone paying for other basic needs like food, rent, heating, and utilities in order to save the money needed for the procedure. This creates a vicious cycle, as the longer it takes for a person to raise the money, the more expensive the procedure becomes.

Women of colour

Restrictions on Medicaid coverage of abortion disproportionately affect women of colour. In 2012, 20% of Medicaid enrollees were African-American, 29% were Hispanic, and 9% were Asian-American, Native Hawaiian, Pacific Islander, American Indian, Aleutian or Eskimo. African-American and Latina women are more likely than White women to rely on Medicaid for coverage of family planning services, and they are also more likely than White women to face financial barriers when seeking abortions. Furthermore, women of colour are more likely to experience unintended pregnancy due to racial, ethnic, gender, and economic healthcare inequalities.

Younger women

Younger women are more likely to be enrolled in Medicaid and other federally funded health care programs, such as those for Native American women, U.S. servicewomen and veterans, and women in the Peace Corps. As a result, they are more likely to be affected by the Hyde Amendment's restrictions on abortion coverage.

Immigrants

The Hyde Amendment restricts abortion coverage for women in immigration detention facilities and prisons. This means that immigrants, especially those who are undocumented or have uncertain legal status, may have limited access to abortion services.

The Hyde Amendment does not preclude women who receive health care through the U.S. government the option of paying for the procedure out of pocket

The Hyde Amendment is a legislative provision barring the use of federal funds to pay for abortions, except to save the life of the woman, or if the pregnancy arises from incest or rape. The amendment does not preclude women who receive health care through the U.S. government from paying for the procedure out of pocket.

The Hyde Amendment was first passed in 1976 and was named after its chief sponsor, Republican Congressman Henry Hyde of Illinois. It was introduced as a backlash to the Roe v. Wade ruling, initially only affecting federal funding for abortions under Medicaid. Since its enactment, the Hyde Amendment has been re-enacted every year, with exceptions varying. For example, the 1978 Amendment presented new exceptions for rape survivors and incest cases.

The Hyde Amendment restricts abortion coverage for federally-funded healthcare recipients, including women enrolled in Medicare and Medicaid, Native American women, U.S. servicewomen and veterans, women in the Peace Corps, federal employee families, D.C. women residents, and women in immigration detention facilities and prisons.

The Hyde Amendment does not preclude women who receive health care through the U.S. government from paying for the procedure out of pocket. According to a 2014 national survey of abortion patients, women in states without Medicaid coverage of abortion were three times as likely to pay for their abortions out of pocket and five times as likely to rely on financial assistance from an abortion fund, compared to women in states with Medicaid coverage.

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