The Federal Hyde Amendment

Sec. 507[1]

(a) None of the funds appropriated in this Act, and none of the funds in any trust fund to which funds are appropriated in this Act, shall be expended for any abortion.[2]

(b) None of the funds appropriated in this Act, and none of the funds in any trust fund to which funds are appropriated in this Act shall be expended for health benefits coverage that includes coverage of abortion.

(c) The term “health benefits coverage” means the package of services covered by a managed care provider or organization pursuant to a contract or other arrangement.

Sec. 508 

(a) The limitations established in the preceding section shall not apply to an abortion

(1) if the pregnancy is the result of an act of rape or incest; or

(2) in the case where a woman suffers from a physical disorder, physical injury, or physical illness, including a life-endangering physical condition caused by or arising from the pregnancy itself, that would, as certified by a physician, place the woman in danger of death unless an abortion is performed.”

 


[1]   Consolidated Appropriations Act, 2010, Pub. L. No. 111-117 §§ 507-508, 123 Stat 3034 (2011) (the Hyde Amendment is passed each year as part of the appropriations process.  It prohibits federal funding to be used for abortion care for Medicaid-eligible women and Medicare beneficiaries.  Similar longstanding restrictions on abortion funding exist for federal employees and their dependents, American Indians and Alaskan Natives, women in federal prisons, and Peace Corps volunteers.).

[2]   But see Comm. to Defend Reprod. Rights v. Myers, 29 Cal. 3d 252 (1981) (holding that the California Constitution’s right of privacy prevents the state from denying poor women public funding for abortion).