Hyde and Seek: Searching for Solutions to The Hyde Amendment’s Financial Barriers to Abortion

Abstract

The Hyde Amendment (Hyde) hinders abortion access to people who can become pregnant (we will refer to this cohort henceforth as “women” and recognize that not all people who can become pregnant identify as such) whose health insurance is funded by the federal government. In the forty-five years since its inception, the Hyde Amendment has disproportionately affected marginalized women. The conservative movement has augmented disparities in healthcare by passing incremental laws to restrict abortion access, including but not limited to, gestational age and specific procedure limitations, waiting periods, parental consent, and Targeted Regulation of Abortion Providers (TRAP) laws. With Roe V. Wade overturned with the Dobbs V. Jackson ruling (Dobbs), access to abortion is more restricted than it has been in the past 50 years. Eight states have completely banned abortion and many other states offer very limited exceptions to the ban. Now, more than ever, it is essential that funding is not a barrier to care in the states that continue to protect abortion rights. Our first recommendation calls for states to be held accountable to the minimal federal requirements set forth by Hyde and create a confidential forum for women to report informal barriers to care. Furthermore, we endorse the passing of the Equal Access to Abortion Coverage in Health Insurance Act (EACH Act), which would permanently end the renewal of Hyde. Our final recommendation calls on the government to create legislation that permanently institutes national mandatory guidelines for emergency obstetric care. These steps could counteract the increasingly restrictive encroachment on abortion rights.