Hyde-Care for All: The Expansion of Abortion-Funding Restrictions Under Health Care Reform

Access to choice: Examining differences between adolescent and adult abortion fund service recipients

“…For example, in South Africa, abortion patients report incurring significant abortion expenses that include multiple provider visits, childcare and transportation expenses, and lost wages (Lince‐Deroche et al., ). In the US, federal funding for abortion services through Medicaid, the public health programme for low‐income residents, is banned except in cases of rape, incest or life endangerment (Sohoo, ). Given that most US abortion patients are lower income, this results in 70% of US abortion patients incurring out‐of‐pocket costs when obtaining abortion services (Ely, Hales, & Jackson, ; Jones, Upadhyay, & Weitz, ; Sohoo, ).…”

“…In the US, federal funding for abortion services through Medicaid, the public health programme for low‐income residents, is banned except in cases of rape, incest or life endangerment (Sohoo, ). Given that most US abortion patients are lower income, this results in 70% of US abortion patients incurring out‐of‐pocket costs when obtaining abortion services (Ely, Hales, & Jackson, ; Jones, Upadhyay, & Weitz, ; Sohoo, ). Given that the average cost for surgical abortions not covered by insurance is estimated to be about $500, cost is a burden for patients who are economically disadvantaged and for patients of colour (Ely, Hales, Jackson, Maguin, & Hamilton, ; Jones et al., ).…”

Citizens United, citizens divided:

“…Before WRTL and MCFL , broad areas of abortion law were already encompassed by the court under the rubrics of speech and spending (on speech, see Buchbinder ; Wells , esp. 1762; on spending, Soohoo ). Too extensive to review here is the welter of state and federal cases spanning the decades since Roe first legalized abortion in the United States—involving many state and federal legislative and agency decisions intended to limit access to abortion services.…”

“…Today, access to abortion in the United States is intricately wound through federal restrictions on the use of Medicaid funds for abortion (informally known as the Hyde Amendment), similar state restrictions, and further state restrictions barring both public and private insurers from covering abortions (for a detailed review of such restrictions as they have been presented before the US Supreme Court, see Soohoo ). The court has upheld the constitutionality of state and federal agencies to withhold Medicaid coverage to indigent women seeking nontherapeutic abortions, as well as state restrictions on insurers.…”