Biden Executive Order On Abortion Access Is Misleading

Biden's Executive Order

• President Joe Biden directed his administration to find ways to provide increased access to abortions, potentially funneling taxpayer dollars to transport women and girls who live in states with stricter abortion laws across state lines into states with more lenient ones.
• For over 45 years, the Hyde Amendment rider to the Department of Labor-Department of Health and Human Services Appropriations Act has prohibited federal funding of abortions, including Medicaid.

Under Medicaid, the federal government and states share in the cost of providing "nonemergency transportation" to medically necessary services covered under a state's Medicaid plan.

• This can mean Medicaid may, under individual circumstances, pay for fuel, lodging, and meals for enrollees, including for family members' overnight stays. However, coverage for out-of-state travel is not automatic.
• 1. Thus, despite the anticipation of the executive order, the Centers for Medicare and Medicaid Services will likely report back that states wanting to expand access to abortion for women enrolled in Medicaid outside of their state can only do so by using their own state dollars with no federal match.
  2. Despite this clear prohibition, under the executive order, the Centers for Medicare and Medicaid Services will likely be pressed to see how far the secretary of health and human services can use his authority under Section 1115 demonstrations to waive certain provisions of the law to achieve the order’s goals.
  3. The second avenue—and obstacle—the Centers for Medicare and Medicaid Services might be pressed to consider are ways to circumvent the limitations by detaching funding from the individual Medicaid enrollee and instead directing the payments to the service provider, such as a transportation service.
  4. For over 45 years, the Hyde Amendment rider to the Department of Labor-Department of Health and Human Services Appropriations Act prohibiting federal funding of abortions has applied to all programs funded by the Department of Health and Human Services, including Medicaid.
  5. Pictured: Biden signs an executive order directing the Department of Health and Human Services to ensure access to abortions while Vice President Kamala Harris, Health and Human Services Secretary Xavier Becerra, and Deputy Attorney General Lisa Monaco look on at the White House July 8, 2022.

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