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THE CAPPS ABORTION AMENDMENT TO AFFORDABLE HEALTH CHOICES ACT INTRODUCTION The “Capps Amendment” to the “America’s Affordable Health Choices Act of 2009” (H.R. 3200) is a direct attempt to bypass th e Hyde Amendment by authorizing government subsidies to go to plans that provide coverage for abortion, including abortion in the public government- run health plan. 1 Furthermore, although President Obama and Democrat leaders claim they want to reduce the “need for” abortion, Representative Capps’ provision will do nothing to reduce the actual demand for abortion or the number of abortions performed in the United States. This is not an amendment designed to allow private health plans to cover or not cover abortion on demand as under the current system. Rather, the Capps Amendment is an intentional attempt to subsidize plans that cover abortion both in the public health option and in private plans under new government controls. Indeed, under the legislation new private individual insurance coverage will be prohibited, and all new policies would be required to meet federal standards established by the Health Benefits Advisory Committee. Those plans would have to be sold on the government-run Health Insurance Exchange to be overseen by the Health Choices Commissioner, a presidential appointee. The Exchange wou ld include both the public option and private plans. Employer plans wo uld also be required to meet these same federal benefit standards within five years. The Capps Amendment may contain a provision to prevent abortion from being mandated by the Secretary of Health and Human Services (HHS) as an “essential benefit,” or prevent the Commissioner from requiring that qualified plans include abortion in order to participate in the Exchange. However, the remainder of the Capps Amendment would, at the same time, require several ways of covering and funding abortion in the public option and private plans in the Exchange either with or without the Hyde Amendment. What follows is background information on federal INFOCUS • SEPTEMBER 2009 IF09I01 1 Capps Amendment: http://energycommerce.house.gov/Press_111/20090 730/hr3200_capps_1.pdf.

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Page 1: Summary of the Capps Amendment to Afford Ability Health Choices Act

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http://downloads.frcaction.org/EF/EF09G12.pdf
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http://www.rhrealitycheck.org/blog/2007/12/21/sen-barack-obamas-reproductive-health-questionnaire
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