I 

118TH CONGRESS 

1ST SESSION H. R. 6459 

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 

NOVEMBER 21, 2023 

Mr. BRECHEEN (for himself, Mr. KELLY of Mississippi, Mr. ROSENDALE, Mr. 

GOOD of Virginia, Mr. LAMALFA, Mr. DUNCAN, Mrs. MILLER of Illinois, 

Mrs. HINSON, Mr. MOOLENAAR, Mr. LAMBORN, Mr. WEBER of Texas, 

and Mr. CRENSHAW) 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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘No Abortion Coverage 

5 for Medicaid Act’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds the following: 


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1 (1) The Hyde Amendment was first enacted in 

2 1976 and has prevented taxpayer funds for abor3 tions. 

4 (2) The most recently enacted Hyde Amend5 ment states that no appropriated dollars shall be ex6 pended for any abortion or health benefits coverage 

7 that includes coverage of abortion. 

8 (3) The Department of Health and Human 

9 Services sent a letter to the States on August 6, 

10 2022, inviting States to use Medicaid funding under 

11 the demonstration authority under section 1115 of 

12 the Social Security Act to expand access to elective 

13 abortions. 

14 (4) The Hyde Amendment applies to all Med15 icaid funds and cannot be superseded by a waiver 

16 under section 1115 of the Social Security Act. 

17 (5) Legislation to permanently prohibit Med18 icaid dollars from going to elective abortions, includ19 ing payment for abortions and services that neces20 sitate receipt for services of abortion, is consistent 

21 with the Hyde Amendment. 


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1 SEC. 3. LIMITING DEMONSTRATION PROJECTS RELATED 

2 TO ABORTION UNDER MEDICAID AND CHIP. 

3 Section 1115 of the Social Security Act (42 U.S.C. 

4 1315) is amended by adding at the end the following new 

5 subsection: 

6 ‘‘(g) LIMITATION ON DEMONSTRATION PROJECTS

7 RELATED TO ABORTION.— 

8 ‘‘(1) IN GENERAL.—Subject to paragraph (2), 

9 beginning on enactment, the Secretary may not ap10 prove an application (or extension) for any experi11 mental, pilot, or demonstration project undertaken 

12 under subsection (a) to promote the objectives of 

13 title XIX or title XXI that provides Federal finan14 cial assistance for abortion, or health benefits cov15 erage that includes abortion, including expenses for 

16 travel or lodging for the purpose of obtaining an 

17 abortion. 

18 ‘‘(2) EXCEPTIONS.—The limitations on para19 graph (1) shall not apply to— 

20 ‘‘(A) an abortion with respect to a preg21 nancy resulting from of an act of rape or incest; 

22 ‘‘(B) treatment to address a physical dis23 order, physical injury, or physical illness, in24 cluding a life-endangering physical condition 

25 caused by or arising from the pregnancy itself, 

26 that would, as certified by a physician, place 


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1 the individual in danger of death unless such 

2 abortion is performed; or 

3 ‘‘(C) treatment for miscarriage or ectopic 

4 pregnancy.’’. 

Æ 


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