Today, the Co-Chairs of the Congressional Pro-Life Caucus—Representatives Chris Smith (R-NJ), Andy Harris (R-MD), Bob Onder (R-MO), Michelle Fischbach (R-MN), and Kat Cammack (R-FL)—issued the following statement after the Centers for Medicare & Medicaid Services (CMS) released guidance on the use of segregated funds, obtained in accordance with Section 1303 of the Patient Protection and Affordable Care Act (PPACA):

                “We applaud CMS’s clear guidance that leftover money collected by qualified health plans (QHPs) to fund on-demand abortions, in compliance with Section 1303 of the PPACA, are returned to the QHP issuers. Leftover funds do not become available to states seeking to bankroll extreme abortion agendas.

                “The CMS guidance clarifies that no funds reallocated from Section 1303 separate accounts at the end of the year may be used to pay for elective abortion.

                “Previously, it was suggested that state legislatures could seize unspent Section 1303 funds and use the money for state-run grant programs, blurring the line between federal taxpayer dollars and individual contributions.

                “We are thankful for CMS’s steadfast leadership, under Dr. Mehmet Oz, in preventing violations of Section 1303.

                “The Pro-Life Caucus remains committed to preventing taxpayer dollars from being used for elective abortions and protecting Hyde’s longstanding, lifesaving legacy.”

                The Hyde Amendment, which has passed annually with bipartisan support for nearly 50 years, protects federal taxpayer dollars from paying for elective abortion or health plans that cover elective abortion. 

                The PPACA violated the Hyde Amendment by expressly allowing funding for plans that covered elective abortion.

                Although President Obama issued an executive order claiming that the PPACA would comply with the Hyde Amendment, it instead required health plans that chose to cover elective abortion to keep elective abortion funding completely separate from federal dollars. These plans must collect abortion-related funds in a separate account that is paid for only with non-federal funds. This requirement does not change the fact that federal taxpayer dollars are paying for ACA plans covering abortion in violation of the Hyde Amendment.

                Furthermore, in practice, even this small provision has been undermined. Instead of truly separating abortion funding from federal subsidies, plans do not issue a separate payment for the $1 abortion fee to be placed in a separate account.

                Even more concerning, some states are now attempting to repurpose these leftover funds to expand access to elective abortions, including paying for travel and other abortion-related assistance.

                Recent guidance from the Trump Administration reaffirmed the original intent of Section 1303. It makes clear that these separate accounts cannot be used as abortion-agenda slush funds, and that any leftover funds must be returned to the health plans at the end of the plan year, preventing states from stockpiling funds to advance an abortion agenda.

###