The co-chairs of the Congressional Pro-Life Caucus, including Representatives Chris Smith (R-NJ), Andy Harris (R-MD), Bob Onder (R-MO), Michelle Fischbach (R-MN), and Kat Cammack (R-FL), have responded to new guidance from the Centers for Medicare & Medicaid Services (CMS) regarding Section 1303 of the Patient Protection and Affordable Care Act (PPACA). The guidance addresses how funds collected by qualified health plans (QHPs) for abortion services are handled.
In their statement, the caucus leaders said, “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.”
They added, “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.”
According to the caucus, there had been suggestions that state legislatures could use unspent Section 1303 funds for state-run grant programs. This would blur distinctions between federal taxpayer dollars and individual contributions. The statement continued: “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.”
The members also expressed appreciation for CMS leadership: “We are thankful for CMS’s steadfast leadership, under Dr. Mehmet Oz, in preventing violations of Section 1303.”
They reaffirmed their position on federal funding: “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 has restricted federal funding for elective abortions or health plans covering such procedures for nearly five decades through bipartisan support. The PPACA allowed funding for plans covering elective abortion but required those funds be kept separate from federal dollars. Despite an executive order during President Obama’s administration stating compliance with Hyde protections, critics argue that current practices do not fully enforce this separation.
There have been concerns about some states attempting to use leftover funds from these accounts to expand access to elective abortions or related services. Guidance issued during the Trump Administration clarified that leftover monies must return to health plans at year-end rather than being used by states.
Chris Smith is currently serving in Congress representing New Jersey’s 4th district since 1981 after replacing Frank Thompson. He was born in Rahway, New Jersey in 1953 and lives in Manchester Township. Smith graduated from The College of New Jersey in 1975 with a Bachelor of Science degree.
