Authors: National Indian Health Board

Publication Year: 2008

Last Updated: 2010-08-31 14:50:02

Journal: National Indian Health Board

Keywords: H.R.1328, IHCIA, Indian Health Care Improvement Act, IHS, Indian Health Service, Amendments, Hyde Amendment, abortion

Short Abstract:

 SECTION 805:

SECTION AT ISSUE: The language in Section 805 of H.R. 1328 is currently codified in section 806 of the Indian Health Care Improvement Act, current law. [25 U.S.C. 1676] This provision subjects funds appropriated to the Indian Health Service (IHS) to the Hyde Amendment, which limits the use of federal funds to perform abortions unless there is a danger to the life of the mother or if a pregnancy results from rape or incest.

POSSIBLE AMENDMENT: The proposed amendment would add language restricting the use of IHS funds to perform abortions, with an exception for cases of rape or incest of a minor, or if the life of the woman is endangered. The amendment is more restrictive than the Hyde Amendment by limiting the exception, unlike Hyde, to incidents of incest of a minor. The amendment is more expansive than the Hyde amendment as it applies not only to use of Federal funds, but to facilities of the Service and limitations on purchase of health insurance coverage. This expansion could be interpreted as an infringement of tribal determination and use of tribal funds.

Abstract:

SECTION 805:

SECTION AT ISSUE: The language in Section 805 of H.R. 1328 is currently codified in section 806 of the Indian Health Care Improvement Act, current law. [25 U.S.C. 1676] This provision subjects funds appropriated to the Indian Health Service (IHS) to the Hyde Amendment, which limits the use of federal funds to perform abortions unless there is a danger to the life of the mother or if a pregnancy results from rape or incest.

POSSIBLE AMENDMENT: The proposed amendment would add language restricting the use of IHS funds to perform abortions, with an exception for cases of rape or incest of a minor, or if the life of the woman is endangered. The amendment is more restrictive than the Hyde Amendment by limiting the exception, unlike Hyde, to incidents of incest of a minor. The amendment is more expansive than the Hyde amendment as it applies not only to use of Federal funds, but to facilities of the Service and limitations on purchase of health insurance coverage. This expansion could be interpreted as an infringement of tribal determination and use of tribal funds.

Source: Link to Original Article.

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