Hyde Amendment: Blocking Abortion Funding

The Hyde Amendment is a legislative provision that bars the use of federal funds to pay for abortions. Since its introduction in 1976, the amendment has been re-enacted annually, with several alterations to the exceptions made over the years. The current exceptions to the amendment include cases where the pregnant person's life is endangered, or where the pregnancy is a result of rape or incest. The amendment has been criticised for disproportionately affecting low-income women, women of colour, younger women, and immigrants.

The Hyde Amendment

The amendment has been the subject of much debate, with proponents stating that it is supported by a majority of the American public, while critics argue that it creates barriers to accessing abortion services, particularly for those with low incomes. Some states have responded to the cutoff of federal Medicaid funds by providing public funding for abortion services from their own coffers.

Medicaid funding

The Hyde Amendment, first passed in 1976, is a legislative provision that bars the use of federal funds to pay for abortions. The amendment has been re-enacted every year since 1976, with exceptions for pregnancies that endanger the woman's life, or that result from rape or incest.

The amendment has a significant impact on Medicaid funding for abortions. Medicaid is a joint federal-state health program for people with low incomes, and is a significant source of health coverage for women with higher rates of abortion, including those with low incomes and women of colour.

Since the Hyde Amendment was passed, federal funds can no longer be used to cover abortions under the Medicaid program, except in the specific circumstances outlined above. This means that, in most cases, women seeking an abortion must pay out-of-pocket for the procedure, which can be prohibitively expensive for those with low incomes.

Some states have chosen to use their own funds to pay for abortions for Medicaid enrollees, beyond the Hyde limitations. As of August 31, 2023, 17 states had such a policy in place, and 8 of these states did so voluntarily. However, one state only pays for abortions in cases of life endangerment, in violation of federal Medicaid law.

The impact of the Hyde Amendment on abortion coverage was further compounded by the 2022 Dobbs v. Jackson decision, which overturned Roe v. Wade and limited abortion access across large swathes of the United States.

State funding

The Hyde Amendment, first passed in 1976 and implemented in 1977, is a legislative provision that bars the use of federal funds to pay for abortions. The amendment has been re-enacted every year since 1976, with exceptions varying from year to year. For example, the 1978 Amendment included new exceptions for rape survivors and incest cases.

The Hyde Amendment has guided public funding for abortions under the joint federal-state Medicaid programs for low-income people. While it sets a federal standard, individual states can choose to pay for abortions using their own funds and set their own stipulations. For instance, in Iowa, approval from the governor is required for an abortion to be covered under the Medicaid program.

As of August 31, 2023, 32 states and the District of Columbia follow the federal standard and provide abortions in cases of life endangerment, rape, and incest. Four of these states also provide state funds for abortions in cases of fetal impairment, and another four provide state funds for abortions necessary to prevent grave, long-lasting damage to the patient's physical health.

On the other hand, 17 states have a policy that directs Medicaid to pay for all or most medically necessary abortions, eight of which provide such funds voluntarily, and nine of which do so pursuant to a court order.

One state, South Dakota, only covers abortions in the case of life endangerment, violating federal Medicaid law.

In addition to the Hyde Amendment, other laws have been enacted to restrict state funding for abortions. The No Taxpayer Funding for Abortion and Abortion Insurance Full Disclosure Act of 2021 prohibits the use of federal funds for abortions or health coverage that includes abortions. This extends to the District of Columbia and prohibits abortions from being provided in federal health care facilities or by federal employees.

The impact of these laws falls hardest on low-income individuals, particularly Black, Indigenous, and other people of color. Many are forced to pay out of pocket for abortions, forgo basic necessities, or even resort to unsafe methods.

Federal funding

The Hyde Amendment is a legislative provision that bars the use of federal funds to pay for abortions. It was first passed by the House of Representatives in 1976 and has been re-enacted every year since, with several alterations made to the exceptions over time. The amendment does not affect a state's ability to use its own funds to cover abortions.

The Hyde Amendment was introduced by Illinois Republican Congressman Henry J. Hyde and was passed by Congress in 1977. It was named for its chief sponsor, and it represented 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 original Hyde Amendment 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". However, the amendment has been altered several times since then, and the current version includes three exceptions: when continuing the pregnancy will endanger the patient's life, or when the pregnancy results from rape or incest.

The amendment only affects federal funding for abortions under Medicaid, a state and federal health program for individuals with low incomes. However, because Congress reauthorizes 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 other programs such as the Indian Health Service, Medicare, and the Children's Health Insurance Program.

The Hyde 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 amendment, more than one million women have been unable to afford abortions.

In 2017, the House voted to make the Hyde Amendment permanent, but the bill failed to become law. In 2021, President Joe Biden reversed his previous support of the amendment and pledged to work to overturn it.

Abortion coverage

The Hyde Amendment is a legislative provision barring the use of federal funds to pay for abortions. It was first passed by the House of Representatives in 1976 and has been re-enacted every year since. The 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 prevent women who receive healthcare through the U.S. government from paying for the procedure out of pocket. However, this is often unaffordable for low-income women, women of colour, younger women, and immigrants—an estimated 42% of abortion recipients live below the poverty line.

The amendment has been altered several times since its inception. From 1981 to 1993, it 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 expanded the amendment to include cases of rape and incest.

As of 1994, federal law mandates that all states pay for abortion cases involving rape or incest. However, as of August 31, 2023, one state was in violation of federal Medicaid law as it only paid for abortions in cases of life endangerment.

In 2017, the House voted to make the Hyde Amendment permanent, but the bill failed to become law. In 2021, the amendment was not included in Joe Biden's budget, but it was reinserted into the federal budget that was passed in March 2022.

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