H.R. 719 — No Abortion Coverage for Medicaid Act

This section states five congressional findings concerning the Hyde Amendment, including its initial enactment in 1976 to prevent taxpayer funds for abortions; its current terms prohibiting appropriated funds for abortions or health coverage including abortion; an August 6, 2022, Department of Health and Human Services letter inviting states to use Medicaid section 1115 demonstration authority for elective abortions; the Amendment's applicability to all Medicaid funds notwithstanding such waivers; and the consistency of permanent legislation prohibiting Medicaid funds for elective abortions with the Amendment.

This section prohibits the Secretary of Health and Human Services from approving (or extending) any Section 1115 experimental, pilot, or demonstration waiver for Medicaid (title XIX) or CHIP (title XXI) that provides federal funding for abortions—including health benefits coverage that includes abortion and expenses for travel or lodging to obtain an abortion—beginning upon enactment, subject to exceptions for (1) pregnancies resulting from rape or incest, (2) abortions certified by a physician as necessary to address a life-endangering physical condition caused by or arising from the pregnancy, or (3) treatment for miscarriage or ectopic pregnancy. (As background, Section 1115 waivers enable states to test policy innovations in Medicaid and CHIP by temporarily waiving certain federal statutory requirements.)