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U.S. Congressman Chris Smith Representing New Jersey's 4th District

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In the Press...

Washington Examiner article on Smith-requested report'GAO finds millions of Obamacare enrollees have abortions covered'

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Washington, Sep 15, 2026 | comments
  • Washington Examiner

By Rena Rowe
Published September 15, 2026 1:32pm ET

             A new report from the Government Accountability Office found that federal premium tax credits have helped subsidize Affordable Care Act health plans that cover abortions for millions of enrollees this year.

             The GAO found that 1,719 of the 6,655 ACA plans available nationwide in 2026, or roughly 26%, covered abortions. Those plans covered an estimated 4.4 million people.

             That is an increase of 683 plans from the number GAO found in a similar review in 2014. The availability of abortion coverage varied widely by state, largely because of varied state abortion laws.

             The findings come as Congress approaches the 50th anniversary of the Hyde Amendment, a long-standing federal policy that bars federal funds from being used to pay for abortions, with exceptions for pregnancies resulting from rape or incest and cases in which the woman’s life is endangered. But Obamacare is not funded annually through the appropriations process, so it is not required to follow the rules of the Hyde Amendment.

             Rep. Chris Smith (R-NJ), co-chairman of the Congressional Pro-Life Caucus, and Rep. Robert Aderholt (R-AL), chairman of the House Values Action Team, said the report shows Obamacare does not provide the same Hyde protections to marketplace plans as those that apply to other federal programs.

             “The ACA allows premium tax credits to be directed towards health insurance coverage that includes elective abortion,” the lawmakers said, calling for stronger Hyde protections and greater transparency about abortion coverage.

             Smith has also called on the Trump administration to take action on abortion coverage in Obamacare plans until Congress passes legislation extending Hyde protections to those plans.

             “Today’s GAO report confirms the very concerns that Republicans have raised for over fifteen years: the ACA fails to apply the longstanding and bipartisan Hyde Amendment law, which protects taxpayer dollars from funding abortion, both directly and through federal health plans,” the lawmakers said.

             The findings come after Trump drew criticism from some Republicans earlier this year when he suggested lawmakers should be willing to be flexible on the Hyde Amendment. He has frequently sparred with his right flank on the issue, on which he is more moderate than most Republicans.

             One proposal before Congress, the No Taxpayer Funding for Abortion and Abortion Insurance Full Disclosure Act, would make Hyde’s restrictions permanent across federal programs and apply them to ACA premium tax credits. Smith is leading the House version of the bill. 

This article was published on September 15, 2026 and can be found online at: https://www.washingtonexaminer.com/policy/healthcare/4727586/gao-finds-millions-obamacare-enrollees-abortions-covered-hyde-amendment-flexible/

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2373 Rayburn House Office Building
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Phone: (202) 225-3765

 
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