State Funding of Abortion Under Medicaid
Background
First implemented in 1977, the Hyde Amendment, which currently forbids the use of federal funds for abortions except in cases of life endangerment, rape or incest, has guided public funding for abortions under the joint federal-state Medicaid programs for low-income people. At a minimum, states must cover those abortions that meet the federal exceptions. Although most states meet the requirements, one state is in violation of federal Medicaid law, because it pays for abortions only in cases of life endangerment. Some states use their own funds to pay for all or most medically necessary abortions, although most do so as a result of a specific court order.
Visit our state legislation tracker for policy activity on all sexual and reproductive health topics.
Highlights
- 33 states and the District of Columbia follow the federal standard and provide abortions in cases of life endangerment, rape and incest.
- 4 of these states also provide state funds for abortions in cases of fetal impairment.
- 4 of these states also provide state funds for abortions that are necessary to prevent grave, long-lasting damage to the person's physical health.
- 1 state provides abortions only in cases of life endangerment, in apparent violation of the federal standard.
- 16 states have a policy that directs Medicaid to pay for all or most medically necessary abortions.
- 7 of these states provide such funds voluntarily.
- 9 of these states do so pursuant to a court order.
For more information
Public Policy Office
Topic
United States
Geography
|
State Funding of Abortion Under Medicaid |
|||
|
STATE |
GENERALLY FOLLOWS THE FEDERAL STANDARD, FUNDS IN CASES OF: |
FUNDS ALL OR MOST MEDICALLY NECESSARY ABORTIONS |
|
|
Life Endangerment, Rape and Incest |
Other Exceptions |
||
|
Alabama |
X |
|
|
|
Alaska |
|
|
Court order* |
|
Arizona |
X † |
|
|
|
Arkansas |
X |
|
|
|
California |
|
|
Court order |
|
Colorado |
X |
|
|
|
Connecticut |
|
|
Court order |
|
Delaware |
X |
|
|
|
Dist. of Columbia |
X |
|
|
|
Florida |
X |
|
|
|
Georgia |
X |
|
|
|
Hawaii |
|
|
Voluntarily |
|
Idaho |
X |
|
|
|
Illinois |
|
|
Voluntarily |
|
Indiana |
X |
Physical health |
|
|
Iowa‡ |
X |
Fetal impairment |
|
|
Kansas |
X |
|
|
|
Kentucky |
X |
|
|
|
Louisiana |
X |
|
|
|
Maine |
|
|
Voluntarily |
|
Maryland |
|
|
Voluntarily |
|
Massachusetts |
|
|
Court order |
|
Michigan |
X |
|
|
|
Minnesota |
|
|
Court order |
|
Mississippi |
X |
Fetal impairment |
|
|
Missouri |
X |
|
|
|
Montana |
|
|
Court order |
|
Nebraska |
X |
|
|
|
Nevada |
X |
|
|
|
New Hampshire |
X |
|
|
|
New Jersey |
|
|
Court order |
|
New Mexico |
|
|
Court order |
|
New York |
|
|
Voluntarily |
|
North Carolina |
X |
|
|
|
North Dakota |
X |
|
|
|
Ohio |
X |
|
|
|
Oklahoma |
X |
|
|
|
Oregon |
|
|
Voluntarily |
|
Pennsylvania |
X |
|
|
|
Rhode Island |
X |
|
|
|
South Carolina |
X |
|
|
|
South Dakota |
Ω |
|
|
|
Tennessee |
X |
|
|
|
Texas |
X |
|
|
|
Utah |
X |
Physical health |
|
|
Vermont |
|
|
Court order |
|
Virginia |
X |
Fetal impairment |
|
|
Washington |
|
|
Voluntarily |
|
West Virginia |
X |
Physical health, fetal impairment |
|
|
Wisconsin |
X |
Physical health |
|
|
Wyoming |
X |
|
|
|
TOTAL |
33+DC |
|
16 |
|
* A law that defines medically necessary is permanently blocked by a court. † Despite the court order, the state Medicaid program does not pay for medically necessary abortions. ‡ The Iowa governor must approve any abortion paid for by the Medicaid program. Ω State only pays for abortions when necessary to protect the patient's life. |