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 (4) The Hyde Amendment applies to all Medicaid funds and cannot be superseded by a waiver under section 1115 of the Social Security Act.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.