Nancy Pelosi’s health care bill requires the public health insurance option to cover abortion.  Page 110, of the 1,990 page bill, states that the public health insurance option “shall provide coverage” for abortions for which public funding is allowed.  The phrase “for which public funding is allowed” is code for the Hyde Amendment.  Since 1976, the Hyde Amendment has been added each year to the Department of Health and Human Services (HHS) appropriations bill.  The amendment prevents federal funding of abortion, except in limited circumstances.  However, Congress could, at some point, fail to add the Hyde Amendment to the HHS appropriations bill, thus eliminating its protections and, if Pelosi’s health care bill passes, mandate that the public health insurance option cover all abortions.  Furthermore, under the bill the public health insurance option may provide coverage for all elective abortions. 

Page 171 of the bill requires that at least one plan in “each premium rating area” of the Exchange provide coverage for elective abortions.

Pelosi’s bill also fails to address the abortion funding issue.  According to the section by section summary of Pelosi’s bill, the bill “[p]rohibits federal funds from being used to pay for abortion (except in cases or rape, incest, and to save [the] life of the woman).”  The summary states that “[o]nly private premium dollars can be used to provide abortion coverage” and “[w]here abortion coverage is provided, funds for this purpose must be segregated from other funds, including affordability credits.”  This sounds like the same accounting mechanism proposed by the Capps Amendment and rejected by the pro-life Members of Congress.  Rep. Bart Stupak (D-MI), is continuing to push for an amendment that mirrors the language of the Hyde Amendment and would prohibit federal funds from paying for a health insurance plan that covers abortion.  We will continue to monitor the situation.