A Review of Exceptions in State Abortion Bans: Implications for the Provision of Abortion Services

Authors: Mabel Felix, Laurie Sobel, and Alina Salganicoff
Published: Jun 6, 2024

Issue Brief

Note: Originally published in May 2023, this brief has been updated and expanded to address ongoing litigation in many states that is underway to challenge exceptions laws.

Key Takeaways

Abortion is currently banned in 14 states and many other states have attempted to ban or severely restrict access to abortion. All of these bans have an exception to prevent the death of the pregnant person and some bans include other exceptions that fall into three categories: when there is risk to the health of the pregnant person, when the pregnancy is the result of rape or incest, and when there is a lethal fetal anomaly.

  • In practice, health and life exceptions to bans have often proven to be unworkable, except in the most extreme circumstances, and have sometimes prevented physicians from practicing evidence-based medicine.
  • Abortion bans and restrictions have led physicians to delay providing miscarriage management care. Many states allow for the removal of a dead fetus or embryo, but pregnant people who are actively miscarrying may be denied care if there is still detectable fetal cardiac activity or until the miscarriage puts the life of the pregnant person in jeopardy.
  • Mental health exceptions are rare despite the fact that 20% of pregnancy-related deaths are attributable to mental health conditions.
  • Law enforcement involvement is often required to document rape and incest, which often prevents survivors from accessing abortion care. Furthermore, survivors in states where abortion care is restricted can have difficulty finding an abortion provider.
  • In many states there is more than one abortion ban in the books, and in some of those states, the exception provisions in the bans are often at odds with each other. These multiple bans and varying exceptions create confusion among patients and providers.

Introduction

Since the Supreme Court’s Dobbs decision overturned Roe v. Wade, state abortion bans and the exceptions they contain – or lack – have garnered significant attention. The Supreme Court is considering a case this term about whether the Emergency Medical Treatment and Active Labor Act (EMTALA), a federal law requiring hospitals to provide stabilizing treatment to patients who present to their emergency rooms, preempts state abortion laws and requires hospitals to provide abortion care when it is necessary to stabilize a patient, even when the abortion does not qualify foris not including in an exception to the state’s abortion ban. Discussions about exceptions to state abortion bans often obscure the reality that many of these exceptions can be unworkable in practice. There are reports of people being unable to obtain abortions, despite the fact that their pregnancies fall into these broad exception categories. While there is no accurate estimate of the number of people seeking abortion care in circumstances that qualify for an exception in states than ban abortion, the number of people who have received abortion care post-Dobbs in states that have banned abortion is very low.  Many of the exceptions included in these bans use definitions that are vague, narrow, and non-clinical, and effectively remove the ability of health care providers to best manage the care of pregnant people, instead leaving that decision to the state or the clinician’s home institution. Further complicating matters, several states have multiple bans in effect, often with contradicting definitions, requirements, exceptions, and standards, creating ambiguity for clinicians and their patients. This brief analyzes the exceptions to abortion bans and discusses how their purported aims to provide life-saving care may not be achieved in practice.

What kinds of exceptions do abortion bans contain?

Exceptions to state abortion bans generally fall into four general categories: to prevent the death of the pregnant person, to preserve the health of the pregnant person, when the pregnancy is the result of rape or incest, and when the embryo or fetus has lethal anomalies incompatible with life.

States with Abortion Bans and Restrictions with Exceptions for Life

To prevent the death of the pregnant person

All state abortion bans currently in effect contain exceptions to “prevent the death” or “preserve the life” of the pregnant person. As explained in further detail in the section below, these exceptions may create difficulties for physicians, as it is unclear how much risk of death or how close to death a pregnant patient may need to be for the exception to apply and the determination is not up to the physician treating the pregnant patient.

When there is risk to the health of the pregnant person

Many state bans currently in effect – with the exception of bans in Arkansas, Idaho, Mississippi, Oklahoma, South Dakotan, and Texas – contain some form of health exception. Exceptions to preserve the health of the pregnant person can vary (sometimes significantly) from state to state (Table 1).

Language in health exceptions to abortion bans

Most states with bans that contain a health exception permit abortion care when there is a serious risk of substantial and irreversible impairment of a major bodily function. These exceptions are limited by the lack of specific clinical definitions of the conditions qualifying for the exception. Only the Arizona 15-week LMP (last menstrual period) limit explicitly defines the bodily functions that may be considered “major.”  The other states that use this language in their bans do not define what constitutes a “major bodily function,” nor what constitutes a “substantial impairment” to a major bodily function. This vague language puts physicians providing care to pregnant people in a difficult situation should their patients need an abortion to treat a condition jeopardizing their health and can leave the determination of whether an abortion can be legally provided to lawyers for the institution in which the clinician practices. For instance, in South Carolina where the 6-week LMP abortion limit has a health exception, the law lists a couple of conditions that may fall under this exception, such as severe pre-eclampsia and uterine rupture, but with no further detail. Using this language as guidance, it would be difficult for physicians to know if a significant health issue would fall under the exception. The difficulties presented by the simultaneous vagueness and narrowness of the exceptions are exacerbated by the lack of deference given to clinicians’ medical judgment under these bans.

However, even if the terms in the exceptions were defined more clearly, they would still exclude many health conditions pregnant people face. In Georgia, for example, providers challenging the ban note that the exceptions do not permit abortion care when it is needed to prevent: “(1) substantial but reversible physical impairment of a major bodily function, (2) less than ‘substantial’ but irreversible physical impairment of a major bodily function, or (3) substantial and irreversible physical impairment of a bodily function that is not ‘major.’” A medical condition may still be a significant health event, yet not qualify under the exceptions, even if their limits were more clearly defined.

MENTAL HEALTH

Mental health conditions account for over 20% of pregnancy-related deaths in the US, yet almost all states with health exceptions limit them to conditions affecting physical health, with some going further and explicitly precluding emotional or psychological health conditions. Alabama, the only state that includes mental health concerns in its health exception, requires a psychiatrist to diagnose the pregnant person with a “serious mental illness” and document it is likely the person will engage in behavior that could result in their death or the death of the fetus that due to their mental health condition. The law does not define “serious mental illness” and does not allow physicians to determine what serious mental illnesses qualify for the exception. In addition, abortion bans and restrictions in Georgia, Florida, Idaho, Iowa, Kentucky, Louisiana, Nebraska, North Carolina, North Dakota, South Carolina, Tennessee, West Virginia, and Wyoming explicitly exclude mental/emotional health. Several other states (Texas, Oklahoma, Mississippi, the remaining Kentucky ban, and one of Arkansas’ total bans) limit their life and/or health exceptions to physical conditions, without explicitly calling out mental/emotional health exceptions.

ECTOPIC PREGNANCIES AND MISCARRIAGES

Some states’ abortion laws specify that care for ectopic pregnancies and pregnancy loss is not criminalized in its statutes. Most states with these provisions in their bans allow for the removal of a dead fetus or embryo, but not for miscarriage care, generally. This means that pregnant people who are actively miscarrying may be denied care if there is still detectable fetal cardiac activity. There have already been reports of such situations in Texas and Louisiana. In Louisiana, for example, a pregnant woman went to the hospital after experiencing sharp pain and bleeding. She was informed her fetus had likely stopped growing a few weeks prior, as its size did not correspond to the length of her pregnancy, and that it had very faint cardiac activity. Despite the pain and the blood loss she was experiencing, she could not receive the regimen of mifepristone and misoprostol commonly prescribed to pregnant patients who are miscarrying to ensure that the pregnancy is safely expelled from the body completely in a timely manner, thereby decreasing the risk of sepsis and infection. Instead, she had to wait for the miscarriage to progress without medical intervention, which would have expedited the process and reduced her medical risk. In states where the abortion bans do not clarify that miscarriage care is not criminalized – even when there is still detectable cardiac activity – pregnant people may not be able to receive care to manage their pregnancy loss unless and until it becomes a medical emergency.

GREATER RISK TO THE HEALTH OF PREGNANT PEOPLE

In deciding whether or not to provide abortion care to preserve the health of a pregnant patient, physicians now face the risk of a jury or the state disagreeing with their judgment about the gravity of the health risk the pregnant person was experiencing, and as a result, face prison time, monetary fines, and loss of professional license. Before the Supreme Court’s decision in Dobbs, the decision to have an abortion pre-viability when facing a health risk was made by the pregnant person in consultation with medical professionals in consideration of the needs and overall health history of the pregnant patient. In states with abortion bans, when deciding whether or not to provide abortion care to preserve the health of a pregnant patient, physicians now face the risk of prosecution, prison time, monetary fines, and loss of professional license.

In state court challenges against the bans, providers have argued that the vagueness of the bans is unconstitutional, since it places them in a situation where it is unclear how they might follow the law. As a result, physicians may be more reluctant to provide abortion care when pregnant patients present with serious medical conditions and may deny abortion care to pregnant people with conditions that threaten their health until their condition deteriorates and the narrow exceptions inarguably apply. This delay in care, however, creates greater and avoidable risks to the health of the pregnant person. Additionally, many conditions that threaten the health of pregnant people are not included in all or most health exceptions.

The difficulties these bans and their unclear exceptions create may additionally deter physicians from practicing medicine in states that ban abortion. There have already been reports of physicians expressing reluctance or refusing to relocate to these states, as well as physicians leaving these states due to their restrictive laws and fewer medical school graduates applying for residencies in these states. A substantial portion of these states’ residents already live in maternity deserts – areas where there are no obstetric providers or birth centers – and studies have shown that maternal mortality rates are higher in states that restrict abortion. Physicians being deterred from practicing in states with restrictive abortion laws may exacerbate these disparities in access to obstetric care and health outcomes.

Zurawski v. State of Texas

Five women who were denied abortion care in Texas ­- despite facing dangerous pregnancy complications – and two OB-GYNs filed a lawsuit in Texas state court asking the court to clarify the scope of the medical emergency exceptions in the state’s three abortion bans. Plaintiffs specifically asked the court to clarify that:

  • Physician judgment should be granted deference in measuring the risk the pregnant person is facing,
  • Impairment of a “major bodily function” includes harm to fertility and the reproductive system,
  • Acute risk does not have to be already present or imminent for the exceptions to apply, and
  • Health exceptions apply in situations where treatment for a condition is unsafe during pregnancy and for fetal conditions and diagnoses that can increase the risk to a pregnant person’s health.

Plaintiffs argued the misapplication of the health exceptions violates state constitutional guarantees to fundamental and equal rights. In August 2023, a County District Court judge issued an order blocking enforcement of Texas’ ban in situations where, in a physician’s good faith judgment, an abortion is needed due to an emergent medical situation. An appeal from the state to the Texas Supreme Court automatically blocked the lower court’s order. On May 31, 2024, the Texas Supreme Court issued its decision in this case, stating that the state’s abortion ban only contains exceptions when, in a physician’s reasonable medical judgment, there is a life-threatening physical condition.

THE EMERGENCY MEDICAL TREATMENT AND ACTIVE LABOR ACT (EMTALA)

Enacted in 1986, the Emergency Medical Treatment and Active Labor Act (EMTALA) requires Medicare-enrolled hospitals to perform an appropriate medical screening examination to any patient who presents to their dedicated emergency department. If a patient is identified as having an emergency medical condition, the hospital must provide stabilizing treatment within the hospital’s capability or transfer the patient to another medical facility.

As states were starting to implement abortion bans after the Dobbs decision, in July 2022, the Department of Health and Human Services (HHS) issued guidance regarding the enforcement of EMTALA that clarifies hospitals and physicians have obligations to provide stabilizing care, including abortion in medically appropriate circumstances, when a patient presenting at an emergency department is experiencing an emergency medical condition.

After HHS issued this guidance, two lawsuits were filed. HHS sued the State of Idaho to block enforcement of Idaho’s abortion ban to the extent it conflicts with EMTALA, and the State of Texas sued to block enforcement of the HHS guidance in Texas. The Supreme Court is considering the case from Idaho and a decision is pending.

At stake in this case is whether EMTALA preempts state abortion laws and requires hospitals to provide abortion care when it is necessary to stabilize a patient’s condition, even when this abortion care violates state law. While all state abortion bans have an exception for pregnancies that jeopardize the life of a pregnant person, some do not have an exception that would allow an abortion to preserve the health of the pregnant person. Even in states with health exceptions, the exception might be very narrow and not well defined, leaving significant gaps in emergency medical care for pregnant people. EMTALA, however, requires hospitals to provide stabilizing care to patients with emergency medical conditions, including conditions that may harm their health. According to the HHS guidance issued in the wake of the Dobbs decision, EMTALA requires hospitals to provide abortion care to pregnant patients with emergency medical conditions when abortion is necessary to stabilize the patient’s condition. However, Idaho contends that EMTALA does not require hospitals to provide treatment that violates state law. The Court’s decision in this case could impact access to abortion in emergency situations across the country and potentially lay the foundation for future challenges involving state laws granting fetal personhood.

Exception vs. Affirmative Defense

Some state abortion bans lack exceptions but identify situations that may be used as an affirmative defense in court – among these are Tennessee’s 6-week LMP ban, Kentucky’s 15-week ban (but not the state’s earlier gestational bans), Texas’ total bans, and all of Missouri’s bans.  An “affirmative defense” allows someone charged with a crime to show in court that their conduct was permissible even though the action itself is illegal. An affirmative defense does not make it legal to provide abortion care in the situations delineated in the law and means that a clinician who provided abortion care is open to prosecution – regardless of the reason they provided an abortion – and would bear the burden of proof to demonstrate that they provided care according to the conditions delineated as possible affirmative defenses in the abortion ban. Bans that rely on an affirmative defense leave physicians more vulnerable to criminal prosecution and they make it even riskier for physicians to provide abortion care in situations where the life or health of the pregnant person is at risk.

Sexual Assault Exceptions

A few of the state abortion bans contain exceptions for pregnancies resulting from rape or incest, generally requiring that the sexual assault be reported to law enforcement. Some states allow for a Child Protective Services (CPS) report in lieu of a law enforcement report for minors who are survivors of sexual assault or incest.

It is well documented that survivors are often afraid to report sexual violence to the police due to fear of retaliation and the belief that law enforcement would not or could not do anything to help. It is estimated that only 21% of sexual assaults are reported to law enforcement. Even for survivors who do report to law enforcement, state abortion bans do not make clear exactly what information needs to be given to a provider to make it clear that the abortion would be legal in that state. Reporting requirements place barriers in the way of survivors seeking abortion care in these states.

Among the few sexual assault exceptions, some have specific gestational limits. For instance, the total ban currently in effect in West Virginia contains an exception for cases of rape or incest, but it is limited to 8 weeks from the last menstrual period (LMP) for adults and 14 weeks LMP for minors.

Although sexual assault exceptions are intended to protect survivors, experts agree that they rarely work. There is anecdotal evidence of survivors in states with rape exceptions and who have compiled the necessary documentation, but still not being able to access abortion because they couldn’t find any abortion providers in their state.

Hyde Amendment

The Hyde Amendment is a policy that restricts the use of federal funds to cover abortion, except in cases of rape or incest, or when the life of the pregnant person is endangered (Hyde Exceptions). The policy is not a permanent law, but rather has been attached as a temporary “rider” to the Congressional appropriations bill for the Department of Health and Human Services (HHS) and has been renewed annually by Congress. In the past, federal courts have interpreted the Hyde provisions to require states to pay for abortions that fall into the Hyde Exceptions and have blocked enforcement of state statutes that prohibit coverage for these cases. However, the enforceability of these requirements has been unclear since the Supreme Court’s decision in Dobbs. Although all bans currently in effect contain exceptions to safeguard the life of the pregnant person, most states with abortion bans do not have exceptions for cases of rape or incest, and therefore, would not allow for the provision or coverage of those services to Medicaid recipients, contrary to previous court orders. To date, no court or federal agency has issued orders or guidance on states’ obligation to provide coverage for Hyde Exceptions when their bans prohibit the provision of abortion in cases of rape or incest.

Lethal Fetal Anomaly Exceptions

Bans in several states contain exceptions for lethal fetal anomalies, usually limited to those anomalies that would result in the death of the baby at birth or soon after. As with health exceptions, lethal fetal anomaly exceptions are poorly defined and limited in statutes. The only state with this kind of exception that has a comprehensive list of conditions that fall under this category is Louisiana, but since the state has multiple abortion bans in effect (one of which does not include exceptions for fatal fetal anomalies), the applicability of this exception is still unclear. Other states, like Indiana, provide some general criteria, such as how long after birth the baby can be expected to live for a pregnancy to fall under the fetal anomaly. Any condition that would result in a life expectancy shorter than three months fits under the exception. The religious freedom lawsuit against the state’s ban – Anonymous Plaintiffs v. Medical Licensing Board of Indiana — specifically challenges the narrow limits of the exception, arguing that other common conditions, such as Tay-Sachs disease would result in the death very early in childhood.

What happens in states with more than one abortion ban in effect?

In many states there is more than one abortion ban in the books, and in some of those states, the exception provisions in the bans are at odds with each other. In Louisiana, two bans and a 15-week LMP limit are in effect, but only one of the total bans and the 15-week limit have the same exceptions; the remaining total ban does not. One of the total criminal bans in the state has exceptions to prevent the death or substantial risk of death, of the pregnant person and to prevent “serious, permanent impairment of a life-sustaining organ”. The state’s other total ban and the 15-week limit have exceptions for these same cases and additionally in cases of fatal fetal anomalies, and clarify that the bans’ prohibitions do not apply for ectopic pregnancies and miscarriages. The conflicting exceptions in the bans result in a situation where the only real exceptions in the state are for cases where an abortion is necessary to prevent the death of the pregnant person or to prevent serious, permanent impairment of a life-sustaining organ. Providing abortion care under any other exception in the states’ other total ban or 15-week limit would open physicians to criminal penalties and loss of license.

Mississippi is another state with multiple bans in effect that contain contradicting exceptions. The state’s total ban only has exceptions for cases when an abortion is necessary to preserve the life of the pregnant person or when the pregnancy was caused by rape (there is no exception for incest in the state). However, the state’s 15-week LMP ban contains exceptions for fatal fetal abnormalities and serious risk of substantial and irreversible impairment of a major bodily function, along with a life exception. In situations where there is more than one ban in effect, it might seem that the easiest way to follow the law would be to adhere to the abortion ban with the strictest gestational limit. This would not suffice in Mississippi, however, since the total ban contains an exception for pregnancies caused by rape, but the state’s 15-week LMP ban does not contain such an exception. Therefore, following any one of the state’s abortion bans would not remove the legal risk of providing abortion care in the state. Instead, providers must assess how the abortion bans and their exceptions work in conjunction.

Conclusion

Although a lot of attention has been devoted to debates about exceptions in abortion bans, many of these exceptions are not workable in practice. Outside of testimony from providers, it is difficult to assess how many people who qualify for abortion care under the exceptions are actually able to do so, since states underreport or do not report this information. However, it is apparent these bans create barriers to accessing abortion care, even in situations where the exceptions they outline should apply. Most importantly, these bans place the health and lives of pregnant people at risk by potentially preventing physicians from providing medically appropriate care. The Supreme Court’s decision in Idaho v. United States will determine whether EMTALA preempts state laws and requires hospitals to provide abortion care to stabilize pregnant patients when “necessary to assure that no material deterioration of the condition is likely to occur.” If the Court rules in favor of Idaho, the inability to provide evidence-based care may additionally make physicians reluctant to practice medicine in restrictive states, amplifying already-existing discrepancies in ability to access obstetric care and adverse maternal and fetal outcomes.

Appendix

Abortion Bans and Exceptions

How ACA Marketplace Premiums Changed by County in 2024

Published: Jun 6, 2024

Premiums for ACA Marketplace benchmark silver plans grew by about 5% in 2024, on average before taking into account subsidies. Meanwhile, premiums for the lowest cost unsubsidized bronze plans grew by about 6%, on average, in 2024.

Change in the Average Premium by Metal Level Before Tax Credit, 2023-2024 for a 40-year-old

However, premium changes vary by location and by metal level, with premiums decreasing in some cases. As most enrollees receive premium subsidies on the ACA Marketplaces, the net premium amount an exchange enrollee pays depends on their income and the difference in the cost between the benchmark plan (second-lowest-cost silver plan) and the premium for the plan they choose.

The map below illustrates changes in premiums for the lowest-cost bronze, silver, and gold plans by county, with and without subsidies. For data at the state-level, see our Health Insurance Marketplace tables.

2024 ACA Premium and Subsidy Changes

In 2024, 9 in 10 marketplace enrollees received premium tax credit subsidies and therefore will not necessarily pay a higher premium, even if the unsubsidized premiums in their county are rising. To account for premium increases, federal spending to finance subsidies will also increase. With the enhanced financial assistance for ACA Marketplace coverage provided by the Inflation Reduction Act, subsidized enrollees with incomes at or below 150% of poverty ($21,870 for an individual and $45,000 for a family of 4) can get a free ($0 premium) or nearly free silver plan with a very low deductible if they sign up for the lowest or second-lowest cost silver plan. Relative to the original ACA subsidies, the Inflation Reduction Act also reduced payments for middle-income enrollees and removed the upper income limit on subsidy eligibility.

Methods

We analyzed Marketplace premium data for 2023 and 2024 to determine lowest-cost premiums by metal level and benchmark premiums, as well as calculate tax credits and net premiums after tax credits for the scenarios presented. Federal Marketplace files are available through HealthCare.gov. Premiums for state-based marketplaces are from a review of insurer rate filings, state plan finders, or data provided directly by state exchanges or insurance departments. Premiums for California and Massachusetts were collected at the zip code level; premiums for Colorado, Connecticut, Maine, Minnesota, New Jersey, Nevada, New York, Virginia and Washington were collected at the county level; and premiums for Maryland and Pennsylvania were collected at the county or zip level depending on whether premiums are uniform throughout the county. For the remaining states running their own exchanges, premiums presented in this analysis were collected at the rating area level.

Because ACA subsidies only cover the “essential health benefits” (EHB) portion of the premium, enrollees with incomes between 100% to 150% of poverty may have to pay a nominal amount (e.g., $1 per month) for health coverage in counties where the lowest-cost silver plan and the second-lowest-cost silver plan include non-EHB benefits (for example, dental or vision coverage for adults or non-Hyde abortion coverage). In this analysis, we do not adjust for the non-EHB portion of premiums because that is not possible in all states with available data. Therefore, net premiums after subsidies may differ in some counties.

Calculation of the 2024 national average premium by metal level was weighted by county using 2023 plan selections obtained from the 2023 Marketplace Open Enrollment Period (OEP) County-Level Public Use File provided by CMS. In states running their own exchanges, we gathered county-level plan selection data where possible or we estimated county-level plan selections by determining the share of plan selections by county for a given state in a prior year and applying this to the total state plan selection value from the CMS 2023 OEP State-Level Public Use File.

2024 Medical Loss Ratio Rebates

Published: Jun 5, 2024

The Medical Loss Ratio (MLR) provision of the Affordable Care Act (ACA) limits the amount of premium income that insurers can keep for administration, marketing, and profits. Insurers that fail to meet the applicable MLR threshold are required to pay back excess profits or margins in the form of rebates to individuals and employers that purchased coverage.

In the individual and small group markets, insurers must spend at least 80% of their premium income on health care claims and quality improvement efforts, leaving the remaining 20% for administration, marketing expenses, and profit. The MLR threshold is higher for large group insurers, which must spend at least 85% of their premium income on health care claims and quality improvement efforts. MLR rebates are based on a 3-year average, meaning that rebates issued in 2024 will be calculated using insurers’ financial data in 2021, 2022 and 2023 and will go to people and businesses who bought health coverage in 2023.

This analysis, using preliminary data reported by insurers to state regulators and compiled by Mark Farrah Associates, finds that insurers estimate they will issue a total of about $1.1 billion in MLR rebates across all commercial markets in 2024. Since the ACA began requiring insurers to issue these rebates in 2012, a total of $11.8 billion in rebates have already been issued to individuals and employers, and this analysis suggests the 2012-2024 total will rise to about $13 billion when rebates are issued later this year.

Nearly $12 Billion in Rebates Have Been Issued So Far, with Another $1 Billion Expected in 2024

Estimated total rebates across all commercial markets in 2024 ($1.1 billion) are similar to total rebates issued in 2022 ($1.0 billion) and in 2023 ($950 million). In 2023, rebates were issued to 1.7 million people with individual coverage and 4.1 million people with employer coverage. In the individual market, the 2023 average rebate per person was $196, while the average rebates per person for the small group market and the large group market were $201 and $104, respectively (though enrollees could receive only a portion of this as rebates may be shared between the employer and employee or be used to offset premiums for the following year).

The estimated $1.1 billion in rebates to be issued later this year will be larger than those issued in most prior years but fall far short of recent record-high rebate totals of $2.5 billion issued in 2020 and $2.0 billion issued in 2021, which coincided with the onset of the pandemic.

Average Simple Loss Ratios, by Market, 2011-2023

In 2023, the average individual market simple loss ratio (meaning that there’s no adjustment for quality improvement expenses or taxes and therefore, don’t align perfectly with ACA MLR thresholds) was 84%, meaning these insurers spent an average of 84% of their premium income in the form of health claims in 2023. However, rebates issued in 2024 are based on a three-year average of insurers’ experience in 2021-2023. Consequently, even insurers with high loss ratios in 2023 may expect to owe rebates if they were highly profitable in the prior two years.

In the small and large group markets, 2023 average simple loss ratios were 84% and 88%, respectively. Only fully-insured group plans are subject to the ACA MLR rule; about two thirds of covered workers are in self-funded plans, to which the MLR threshold does not apply.

Rebate Payment Logistics

The 2024 rebate amounts in this analysis are still preliminary. Rebates or rebate notices are mailed out by the end of September and the federal government will post a summary of the total amount owed by each issuer in each state later in the year.

Insurers in the individual market may either issue rebates in the form of a check or premium credit. For people with employer coverage, the rebate may be shared between the employer and the employee depending on the way in which the employer and employee share premium costs.

If the amount of the rebate is exceptionally small (less than $5 for individual rebates and less than $20 for group rebates), insurers are not required to process the rebate, as it may not warrant the administrative burden required to do so.

Methods

This analysis is based on insurer-reported financial data from Health Coverage Portal TM, a market database maintained by Mark Farrah Associates, which includes information from the National Association of Insurance Commissioners. The Supplemental Health Care Exhibit dataset analyzed in this report does not include data from California HMOs regulated by California’s Department of Managed Health Care. All individual market figures in this analysis are for major medical insurance plans sold both on and off exchange. Simple loss ratios are calculated as the ratio of the sum of total incurred claims to the sum of health premiums earned.

Rebates for 2024 are based on preliminary estimates from insurers. In some years, final rebates are higher than expected and in other years, final rebates are lower.

Poll Finding

Public Opinion on the Future of Medicaid: Results from the KFF Medicaid Unwinding Survey and KFF Health Tracking Poll

Published: Jun 4, 2024

Medicaid is the primary program providing comprehensive coverage of health care and long-term services and supports to about 80 million low-income people in the United States. Medicaid accounts for one-sixth of health care spending (and half of spending for long-term services and support) and a large share of state budgets. Medicaid is jointly financed by states and the federal government but administered by states within broad federal rules. Because states have the flexibility to determine what populations and services to cover, how to deliver care, and how much to reimburse providers, there is significant variation across states in program spending and the share of people covered by the program.

Medicaid has been a political touchstone for the past several decades. Republican candidates often run on the promise on cutting back on federal Medicaid spending and giving states more flexibility to administer programs, while Democrats have run on expanding Medicaid coverage to reduce the number of lower-income people who are uninsured. Amidst all of this, large majorities of the public, across partisanship, continue to hold favorable views of the program and most say the current program is working well for most low-income people covered by the program.

Earlier this year, the KFF Medicaid Unwinding Survey found Medicaid enrollees1  reporting overall positive experiences with their Medicaid coverage even as some of them lost their coverage as states began unwinding their Medicaid enrollment. The latest release from KFF examines the attitudes of the public overall on the future of the Medicaid program, as well leveraging the survey of adult Medicaid enrollees, to better understand how the public’s perception of the program compares to the population who most recently was enrolled by the program.

The Public and Medicaid Enrollees Want Medicaid Financing To Stay As Is

Former President Trump said that he would not cut Social Security or Medicare if elected, but has notably not released any detailed statements on his plans for the future of Medicaid, though his budget proposals as president included plans to cap federal Medicaid spending. One way to do this is through the “block grants” – a recurring Republican proposal that would give a set amount of funding each year (usually lower than anticipated under current law) and in turn states have greater flexibility to administer program but the entitlement to coverage for enrollees and the guarantee of federal of matching dollars to states without a cap would end.

Asked which comes closer to their view of what Medicaid should look like in the future, nearly nine in ten (86%) Medicaid enrollees say “Medicaid should largely continue as it is today, with the federal government guaranteeing coverage for low-income people, setting standards for who states cover and what benefits people get, and matching state Medicaid spending as the number of people on the program goes up or down.” This is more than six times the share of enrollees (14%) who say “Medicaid should be changed so that instead of matching state Medicaid spending and setting certain requirements for health coverage, the federal government limits how much it gives states to help pay for Medicaid and states have greater flexibility to decide which groups of people to cover without federal guarantees.”

While an overwhelming majority of Medicaid enrollees prefer the program to “largely continue as it is today,” somewhat fewer adults overall – though notably still a large majority – say the same (86% vs. 71%).

Majorities of Medicaid Enrollees and the Public Overall Want Medicaid to Largely Stay as Is

Among Medicaid enrollees, majorities across gender, age, racial and ethnic groups, and partisanship agree that Medicaid should largely continue as it is today. For example, more than eight in ten Democrats and Democratic-leaning independent enrollees (89%) and Republicans and Republican-leaning independent enrollees (83%) say they want Medicaid to largely continue as it is. One in ten (11%) Democratic enrollees and one in seven (16%) of Republican enrollees would rather move to a block grant system.

While partisans among Medicaid enrollees are in consensus of keeping Medicaid as it is, the public is more divided along party lines. Among all adults, nearly nine in ten Democrats and Democratic-leaning independents say the future of Medicaid should largely continue as it is today (87%) compared to just half of Republicans or Republican-leaning independents (53%).

At Least Eight in Ten Medicaid Enrollees Want Medicaid to Remain as Is, with Overall Adults Divided by Partisanship

The Public and Medicaid Enrollees Largely Support Medicaid Expansion

Under the ACA, most states have expanded their Medicaid programs to cover nearly all adults with incomes up to 138% of poverty ($20,783 for an individual in 2024). For states that expand their Medicaid program, the federal government pays for 90 percent of the costs of this expansion with the state paying 10 percent. Under the American Rescue Plan Act states that newly adopt expansion are eligible for an additional 5 percentage point increase in the state’s traditional FMAP (federal medical assistance percentage) for two years, resulting in a temporary net fiscal benefit for these states. Several of the ten states that have not yet expanded their Medicaid programs debated expansion, but ultimately no new states adopted expansion after North Carolina implemented expansion in December 2023.

The KFF Survey of Medicaid unwinding finds that more than three in four (78%) enrollees in a non-expansion state say their state should expand Medicaid to cover more low-income uninsured people. Similarly, our recent KFF Health Tracking Poll found that a majority of adults in non-expansion states support their state expanding its Medicaid program – but to a lesser degree (66%).

Once again, among the public overall, expanding Medicaid is largely split along partisan lines, with eight in ten (83%) Democrats or Democratic-leaning independents saying they want to expand Medicaid, compared to six in ten (58%) of Republicans or Republican-leaning independents who want to keep Medicaid as it is today.

Eight in Ten Enrollees, Two-Thirds of Adults in Non-Expansion States Think Their State Should Expand Medicaid
  1. KFF interviewed 1,227 U.S. adults who had Medicaid coverage in prior to April 1, 2023 – as states began the process of determining who was still eligible for Medicaid in their state ↩︎

Global Health Policy Quiz

Published: May 31, 2024

Despite significant improvements to health throughout the world over the century, many global health challenges remain, particularly in low- and middle-income countries. The United States government has been engaged in global health activities for more than 100 years and its involvement has grown considerably over time. How much do you know about U.S. efforts to improve health around the world?

Step 1 of 10

What percentage of the U.S. federal budget is spent on global health activities?(Required)

DMPA Contraceptive Injection: Use and Coverage

Published: May 30, 2024

Note: Figure 1 was updated on Sept. 18, 2024, to correct a typographical error. The FPL for a family of three in 2017 was $19,730, not $19,370.

The DMPA contraceptive injection is a commonly used reversible contraceptive method among women in the United States. Also known as the “shot,” the injection is commonly known by its brand-name Depo Provera (depot-medroxyprogesterone acetate or DMPA), although generic alternatives are available. It was first introduced in the United States in 1959 for management of menstruation and was approved for contraceptive use by the U.S. Food and Drug Administration (FDA) in 1992. This factsheet provides an overview of the types, use, awareness, availability, and insurance coverage of contraceptive injection in the U.S.

How does the DMPA Injection work?

The shot works by releasing the hormone DMPA, a progestin, which suppresses ovulation and thickens cervical mucus that also helps keep sperm from fertilizing an egg. DMPA can be provided by an intramuscular shot (DMPA-IM) administered by a clinician or by a subcutaneous shot (DMPA-SC) that can be injected by the patient at home (Table 1). Both forms are FDA-approved and need to be administered once every 12 weeks to be effective. Brand-name Depo-Provera and the generic equivalents for medroxyprogesterone acetate are intramuscular injections, providing 150mg of progestin in one dose. The Depo-subQ Provera 104 injection uses a smaller needle and a lower dose of progestin (104 mg) than the intramuscular alternative. Because Depo-subQ Provera 104 uses a smaller needle, it can be less painful than the intramuscular injection and can be administered by the patient at home. This method is considered a safe, “off-label” method while having the same contraceptive effectiveness. Like most contraceptives, the DMPA shot does not protect against STDs; use of condoms is recommended to reduce the risk for STDs, including HIV, while using DMPA shots.

Table 1

Types of Birth Control Injections

Injection MethodInjection NameInjection AdministratorDosageInjection FrequencyPossible Side Effects
IntramuscularBrand: Depo-Provera

Generic alternatives are also available.

Provider only.150mg of progestin.12 weeks (3 months).Menstrual irregularities.

Weight gain.

Bone density loss.

SubcutaneousBrand: Depo-SubQ Provera 104

No generic alternative is available yet.

Provider or patient.104mg of progestin.

The DMPA shot has a typical use failure rate of 4% when used once every 12 weeks or three months. Long-acting reversible contraceptive (LARCs) methods such as implants, intrauterine devices (IUDs), and permanent contraceptive methods such as vasectomies and tubal ligations are typically more effective than the shot because these methods involve little to no follow-up care, while injections need to be repeated every 12 weeks in order to be effective. Condoms or another non-hormonal contraceptive are recommended as a back-up for 7 days after the first injection. If a patient is more than four weeks late for a shot (16 weeks after their last shot), it is recommended that they take a pregnancy test before the next dose and that they use condoms or another non-hormonal contraceptive as a back-up for another 7 days if they receive another shot. It takes an average of 10 months for pregnancy to occur after stopping the injection, which is comparable to other methods such as IUDs and oral contraceptive pills.

Benefits and Side Effects

The DMPA shot has several non-contraceptive benefits but also has some side effects and risks. Benefits include lower risk of uterine cancer and reduced symptoms of endometriosis. However, the injectable has the highest discontinuation rate among contraceptives in the U.S., associated with side effects which include menstrual irregularities (spotting or cessation of periods) and weight gain. Of note, Depo-Provera comes with a black box warning from the FDA that the contraceptive injection should not be used as a long-term (longer than 2 years) method unless other contraceptive methods are considered inadequate, as women who use Depo-Provera may lose significant bone density. However, the American College of Obstetricians and Gynecologists (ACOG) and the World Health Organization (WHO) disagree with this warning, stating that loss in bone density from DMPA is not associated with fractures and appears to be reversible after discontinuation of the injectable. Both organizations conclude that the benefits of DMPA use outweigh the theoretical fracture risk, and that DMPA may be prescribed without limitations on its duration of use.

Use, Awareness, and Availability of the Contraceptive Injection

Based on the most recent data on contraceptive use from the National Survey of Family Growth, approximately 3% of women who used contraception from 2017-2019 reported that they used the contraceptive injection in the past month. Over the last two decades, women’s access to and options of various contraceptive choices have changed, and overall use of the injection has declined, as more women are using LARCs, such as IUDs and implants. During the first few years of the COVID-19 pandemic, however, the availability of and interest in using DMPA-SC increased due to restrictions placed on in-person clinic appointments. A 2023 Contraception study reports that there was a significant increase in provision of DMPA-SC for self-injection during this time, although this is still a small portion of overall use of DMPA-SC.

Among reproductive age women who used any form of contraception from 2017-2019, the contraceptive injection was most often used by young women, lower-income women, and Black women. Use of the injection also decreased with educational attainment – smaller shares of women with bachelor’s degrees reported using the shot as their contraceptive method (Figure 1).

Figure 1: "The Contraceptive Injection Is Most Frequently Used by Women Who Are Younger, Black, and Have Lower Incomes"

Insurance Coverage and Cost of the Contraceptive Injection

The Affordable Care Act (ACA) requires most private insurance plans and Medicaid expansion programs to cover one of each of the 18 FDA-approved contraceptive methods without cost sharing. Women with private insurance and those with Medicaid coverage are eligible for patient education, counseling, and access to at least one form of the contraceptive injection without cost-sharing. Coverage also includes the first doctor’s visit, discontinuation of the shot, and management of side effects. Although coverage includes at least one form of the injection, plans may not cover both the intramuscular formulation and Depo-subQ Provera 104; however, if a clinician determines that a particular injectable formulation is medically appropriate for a patient then the plan must cover that form.

Safety-net clinics that participate in the federal Title X family planning program offer low or no-cost contraceptives to uninsured adults and teens on a sliding scale and may forego charges for those on the lowest end of the income scale. The Office of Population Affairs (OPA) within the U.S. Department of Health and Human Services (HHS) reported that, in 2022, approximately 302,000 women received the DMPA injection as their primary contraceptive method from a Title X service provider.

16 States and D.C. Allow Pharmacists to Prescribe the Contraceptive Injection

In 16 states (CA, CO, HI, ID, IL, IN, MD, ME, MN, NV, NM, NH, OR, SC, TN, VA) and the District of Columbia, pharmacists can provide the intramuscular contraceptive shot directly to women without the need to first visit a physician to obtain the prescription and injection (Figure 2). In some states like Hawaii, Indiana, and Maryland, the statewide protocol or standing order does not explicitly state that the DMPA injection can be offered but does state that all FDA-approved hormonal contraceptive methods can be administered by pharmacists. However, pharmacist participation in these programs is not required and implementation has varied across states. Furthermore, while the actual DMPA shot is typically covered, women will likely have to have to pay out-of-pocket for a pharmacist consultation fee, which is not required to be covered under the contraceptive coverage laws in most of these states and by federal law through the ACA.

What the Election Could Mean for the Mexico City Policy and U.S. Foreign Aid

Published: May 30, 2024

Issue Brief

Overview

The outcome of the next presidential election will have significant implications for U.S. global health programs and policy, as well as U.S. international engagement more broadly. Among other things, if President Trump is elected, he is expected to reinstate the expanded Mexico City Policy (MCP) from his first term, which applied to most U.S. global health assistance. Moreover, there are indications that the policy could be expanded even further, as recommended by Project 2025 (a series of proposals for a new administration from a broad coalition of conservative organizations) – specifically, one of its proposals recommends expanding the MCP to include virtually all U.S. foreign assistance. Members of Congress have also introduced legislation to this effect for the past several years. Given that Project 2025’s proposals are widely seen as a blueprint for a next Trump administration, this analysis outlines the potential reach of such a proposal, looking at the amount of funding, the number of organizations, the range of foreign assistance sectors, and other variables that could be affected. Among the key findings:

  • In FY 2022, more than $51 billion in U.S. foreign aid, spanning almost 180 countries, was obligated to non-USG prime recipients, the funding most likely to be directly implicated by the expansion proposal (additional funding could be subject to the policy if it were ultimately provided, directly or indirectly, to non-USG recipients).
  • Notably, this is tens of billions more than the amount of global health assistance likely implicated under the Trump administration’s previously expanded policy ($7.3 billion in FY 2020), and significantly more than the amount of family planning assistance implicated by the policy, when in place, during earlier administrations (between $300-$600 million).
  • More than half of the $51 billion (58%) was provided to multilateral organizations, recipients that have, to date, not been subject to the policy before. Indeed, nine of the top 10-funded prime recipients were multilateral organizations.
  • By sector, humanitarian assistance accounted for the largest share of funding, followed by economic development, two sectors that would be newly subject to the policy under the expansion proposal. Health was the third largest sector.
  • There were more than 2,400 non-USG prime recipients of U.S. foreign aid in FY 2022, those subject to the policy under the proposal, a significantly higher number than for health alone (662 prime recipients). This number should be considered a floor, since any sub-recipients of U.S. foreign aid would also be subject to the MCP. Although most funding was provided to multilaterals, most prime recipients were foreign entities (61%); U.S.-based entities accounted for 35%
  • Whether or not the full extent of the expansion proposal could be instituted (for example, there would likely be legal challenges to some aspects of the proposal, which could limit its reach), it would represent a significant expansion in terms of funding and number of organizations, well beyond the reach of the expanded policy that was in place during the Trump administration.

Background

The Mexico City Policy (MCP) is a U.S. government (USG) policy that – when in effect – has required foreign non-governmental organizations (NGOs)1  to certify that they will not “perform or actively promote abortion as a method of family planning” using funds from any source (including non-U.S. funds) as a condition of receiving U.S. global family planning assistance and, when in place under the Trump administration (called “Protecting Life in Global Health Assistance”), most other U.S. global health assistance. First announced in 1984 by the Reagan administration, the MCP has been rescinded and reinstated by subsequent administrations along party lines since and has been in effect for 21 of the past 40 years. It has also been steadily expanded to apply to additional types of U.S. foreign assistance and recipients over time (see Table 1). Should it be implemented, the Project 2025 proposal –“Protecting Life in Foreign Assistance” – would mark the most significant expansion of the policy to date. Specifically, the proposal seeks to:

  • apply the MCP to all U.S. foreign assistance (not just global health assistance2 ) provided to non-USG recipients, including sectors (such as humanitarian aid) and agencies (such as global health funding appropriated to Department of Health and Human Services agencies) that have not been subject to the policy before;
  • expand recipients subject to the policy to also include multilateral organizations (such as the Global Fund to Fight AIDS, Tuberculosis and Malaria), foreign governments, and U.S.-based NGOs (not just foreign NGOs); and
  • include funding provided through contracts (not just grants and cooperative agreements).
Table 1

Expansion of the Mexico City Policy Over Time

Phase 1^ Phase 2Phase 3Project 2025 Proposal
President/TermRonald Reagan, 1985-1989George H.W. Bush,1989-1993George W. Bush, 2001-2009Donald Trump,2017-2021Donald Trump,2024-2028 (if elected)
SectorFamily Planning AssistanceFamily Planning AssistanceGlobal Health Assistance, including PEPFARForeign Assistance, including Humanitarian Assistance
AgencyUSAIDUSAID/State DepartmentUSAID/State Department/DoD#All Agencies (more than 20)
Type of Award Grants & Cooperative AgreementsGrants & Cooperative AgreementsGrants & Cooperative Agreements+Grants, Cooperative Agreements, Contracts
Bilateral/MultilateralBilateralBilateralBilateralBilateral/Multilateral
RecipientsForeign NGOsForeign NGOsForeign NGOs*U.S. and Foreign NGOs, Foreign Governments, Multilaterals
^ While the MCP has generally been implemented through Presidential Executive Action, there was a temporary, one-year legislative imposition during President Bill Clinton’s second term (FY 2000),3  which included an option for the president to partially waive restrictions, as President Clinton chose to do, but only against not more than $15 million of total USAID family planning funds. # When such funding was transferred to another agency, such as the Centers for Disease Control and Prevention (CDC) or National Institutes of Health (NIH), it remained subject to the policy, to the extent that such funding was ultimately provided to foreign NGOs, directly or indirectly. + The Trump administration had sought to apply the policy to contracts and issued a proposed rule to this effect,4  but it was not finalized prior to leaving office. (Note that “grants under contracts” were subject to the policy.) *Clarified in 2019 that under the policy, U.S.-supported foreign NGOs could not provide any type of financial support, no matter the source of funds, to any other foreign NGO that performs or actively promotes abortion as a method of family planning.

Findings

To assess the potential reach of the Project 2025 proposal, this analysis looks at U.S. government foreign assistance obligation data for FY 2022 (the most recent year for which complete obligation data by sector are available) to quantify the amount of funding and number and type of prime recipients that could be affected. Obligations were analyzed because the MCP applies to funding once obligated to a recipient. Data were obtained from foreignassistance.gov, the U.S. government’s centralized data portal for budgetary and financial data provided by more than 20 federal agencies that manage foreign assistance programs. The analysis focused on funding obligations provided to non-USG recipients, as this is the funding most likely to be subject to the MCP expansion proposal (see Box 1 for key terms, Methodology for more detail, and Appendix for detailed data).

Box 1: Key Terms

  • Obligation: A binding agreement that will result in outlays of funds immediately or at a later date.
  • Prime Recipient: The main recipient, or those that receive funding directly from the U.S. government to carry out foreign assistance work.
  • Sub-Recipient: Those that receive funding indirectly from the U.S. government through an agreement with the prime recipient.
  • Non-Governmental Organization (NGO): a for-profit or not-for-profit organization that is not part of the U.S. government, a foreign government, or a multilateral organization; includes private sector organizations, non-profit organizations, and educational institutions.5 
  • Multilateral Organization: an organization that is jointly supported by multiple governments and, often, other partners (versus bilateral efforts, which are carried out on a country-to-country basis); includes specialty agencies of the United Nations (U.N.) and international financing mechanisms that pool and direct resources from multiple public and private donors for specific causes.
  • Of the $67.5 billion of U.S. foreign assistance obligated in FY 2022, $51.5 billion (76%) was provided to non-USG prime recipients, the funding most likely subject to the expanded MCP proposal. The remainder – funding provided to U.S. government agencies ($15.1 billion, or 22%) or unknown recipients ($850 million, or 2%) – would only be subject to the policy if funding were subsequently awarded to a non-USG recipient.6 
  • Notably, this is tens of billions more than the amount of global health assistance likely implicated under the Trump administration’s previously expanded policy ($7.3 billion in FY 2020), and significantly more than the amount of family planning assistance implicated by the policy, when in place, during earlier administrations (between $300-$600 million). See Box 2.
  • The majority of funding was provided to multilateral organizations ($29.8 billion, or 58%), which would be newly subject to the policy under the proposal. The non-profit sector received the next largest amount of funding ($11.1 billion, or 22%), followed by the private sector ($8.6 billion, or 17%). Smaller amounts were provided to foreign governments ($862 million, or 1.7%) and educational institutions ($1.2 billion, or 2.3%) (see Figure 1).
  • U.S.-based recipients received $15.1 billion (29%). These included U.S. NGOs (newly subject to the policy). Foreign recipients, both governments and NGOs, received $6.6 billion (13%); foreign governments would also be newly subject to the policy.
  • Collectively, the $51.5 billion in foreign assistance was provided to 178 countries, with more countries likely reached through “regional” and “worldwide” activities.7  This is significantly more countries than would be reached with global health assistance alone (93 countries).

Box 2: Examples of Funding Newly Subject to the MCP Under Proposal

By Recipient Type:-Multilateral organizations: $29.8 billion-Foreign governments: $862 million-U.S. NGOs: $10.4 billion in non-health sectors^-Foreign NGOs: $3.9 billion in non-health sectors

By Sector:-Non-health sectors: $40.9 billion, including (for example):

  • Humanitarian assistance: $16.4 billion
  • Economic development: $12.1 billion
  • Peace and security: $2.4 billion
  • Democracy, human rights, and governance: $2.1 billion
  • Education and social services: $1 billion

-Health sector: $4 billion in multilateral and foreign government funding

Note: Amounts by recipient type and sector are not mutually exclusive categories. ^ Not included in this total is $4.8 billion provided to U.S. NGOs in the health sector, as that funding would have been subject to the Trump administration’s expanded MCP if provided to foreign NGO sub-recipients.8  Still, it is important to note that under the previous policy, U.S. NGOs were not directly subject to MCP abortion restrictions. Under the proposal, they would be subject to these restrictions for the first time.

  • The humanitarian assistance sector accounted for the largest share of funding ($16.4 billion, or 32% in FY 2022), followed by economic development ($12.1 billion, or 23%), two sectors that would be newly subject to the policy (see Figure 2). Health was the third largest sector, with $10.6 billion (21%); remaining sectors accounted for $4.6 billion (9%) or less, each.
  • There were 2,437 non-USG prime recipients of U.S. foreign assistance in FY 2022; most9  (2,091, or 86%) would be subject to the policy for the first time. This number should be considered a floor, since any sub-recipients of U.S. foreign aid would also be subject to the MCP.
  • Whereas most funding was provided to multilateral organizations, most recipients (61%, or 1,490) were foreign-based organizations. Just over a third (35%, or 844) were U.S.-based organizations. Multilateral organizations accounted for the remaining 4% (103) (see Figure 3).
  • The majority of recipients (1,347, or 55%) were non-profits, followed by private sector organizations (758, or 31%). The next largest group was educational institutions (160, or 7%).
  • The sectors with the largest numbers of non-USG recipients in FY 2022 were health (662) and economic development (635). The next largest sector was program support (476), followed by democracy, human rights, and governance (367); the environment and humanitarian assistance sectors each had 312 recipients (see Figure 4).
  • The top 10 highest-funded recipients accounted for nearly half (47%, or $24.2 billion) of all funding provided to non-USG prime recipients in FY 2022 (see Figure 5). Nine of the top 10-funded recipients were multilateral organizations, though this varied by sector. For example, in the humanitarian assistance sector, the top 10 were split between multilaterals and non-profits, and in the health sector, four of the top 10 were U.S. non-profits (see Appendix Tables 5-6).
Foreign Aid Funding, by Recipient Type, FY 2022E
U.S. Foreign Aid Funding, Share by Sector, FY 2022
Number of Recipients, by Recipient Type, FY 2022
Number of Recipients, by Sector, FY 2022
op 10 Recipients as a Share of Total U.S. Foreign Aid Funding, FY 2022

Methodology

This analysis looks at FY 2022 foreign assistance obligation data, downloaded from foreignassistance.gov on January 29, 2024. ForeignAssistance.gov is the U.S. government’s centralized data portal for budgetary and financial data provided by more than 20 federal agencies that manage foreign assistance programs. Obligations are binding agreements that will result in outlays of funding, immediately or sometime in the future. The MCP, when in place, is applied to funding that is obligated to recipients, as a condition of their awards.

Data on funding amounts and recipients were analyzed by agency, sector, location, and type of entity. To the extent possible, COVID-19 emergency funding was excluded from this analysis, as it represented one-time funding for a particular event.

Recipients were categorized into the following groups (see table below) based on classifications already present in the ForeignAssistance.gov data as well as background research, where such classifications were not provided. Each recipient was reviewed, and the review sought to correct any mis-categorization in the original data and remove duplicates. “Other/Unknown” recipients were those that could not be easily identified as belonging to a particular recipient type/sub-type. Where it was not possible to identify a recipient as a single, implementing entity, they were excluded from analysis looking at the number of unique recipients.

Recipient TypeRecipient Sub-Type
Educational InstitutionForeign Educational Institution
U.S. Educational Institution
GovernmentForeign Government
U.S. Government
MultilateralMultilateral – United Nations
Multilateral – World Bank Group
Multilateral – Other
Non-ProfitForeign Non-Profit
U.S. Non-Profit
Other/UnknownForeign Other/Unknown
Other/Unknown
U.S. Other/Unknown
Private SectorForeign Private Sector
U.S. Private Sector

Appendix

Appendix Table 1

U.S. Foreign Aid Funding, FY 2022

Recipient CategoryFY 2022
Amount of FundingShare of Overall Funding
Overall$67,480,452,544100.0%
Non-USG$51,511,551,29576.3%
U.S. Government$15,118,596,75522.4%
Unknown$850,304,4941.3%
Note: Does not include COVID-19 funding.
Appendix Table 2

U.S. Foreign Aid Funding and Number of Recipients, by Recipient Type, FY 2022

Recipient TypeFY 2022
Amount of FundingNumber of Recipients
Total $51,511,551,295                                       2,437
Educational Institution$1,206,080,543160
Foreign Government$862,462,32869
Multilateral$29,756,290,613103
Non-Profit$11,095,848,5491,347
Private Sector$8,590,869,262758
Note: Does not include COVID-19 funding or funding provided to the U.S. Government and unknown recipients.
Appendix Table 3

U.S. Foreign Aid Funding and Number of Recipients, by Recipient Type and Sub-Type, FY 2022

Recipient TypeRecipient Sub-TypeFY 2022
Amount of FundingNumber of Recipients
Total $51,511,551,2952,437
Educational InstitutionForeign Educational Institution$260,665,07666
U.S. Educational Institution$945,415,46794
   Sub-Total$1,206,080,543160
Foreign GovernmentForeign Government$862,462,32869
   Sub-Total$862,462,32869
MultilateralU.N.$13,010,127,78834
World Bank Group$11,579,692,3496
Other$5,166,470,47663
   Sub-Total$29,756,290,613103
Non-ProfitForeign Non-Profit$4,087,152,676997
U.S. Non-Profit$7,008,695,873350
   Sub-Total$11,095,848,5491,347
Private SectorForeign Private Sector$1,402,899,146358
U.S. Private Sector$7,187,970,116400
   Sub-Total$8,590,869,262758
Note: Does not include COVID-19 funding or funding provided to the U.S. Government and unknown recipients.
Appendix Table 4

U.S. Foreign Aid Funding and Number of Recipients, by Sector, FY 2022

SectorFY 2022
Amount of FundingNumber of Recipients
Total$51,511,551,2952,437
Democracy, Human Rights, and Governance$2,116,085,009367
Economic Development$12,076,541,335635
Education and Social Services$1,018,422,323256
Environment$355,168,237312
Health$10,624,290,568662
Humanitarian Assistance$16,441,768,585312
Multi-Sector$4,563,075,652159
Peace and Security$2,387,886,115198
Program Support$1,928,313,471476
Note: Does not include COVID-19 funding or funding provided to the U.S. Government and unknown recipients. Recipients could receive funding in more than one sector and as such, the sum of recipients by sector will be greater than the number of unique, total recipients. Multi-sector funding represents funding that could not be attributed to a single sector.
Appendix Table 5

Top 10 Overall Recipients of U.S. Foreign Aid Funding, by Type and Funding, FY 2022

RankingFY 2022
Recipient TypeRecipientAmount of Funding
1MultilateralWorld Bank Group$8,702,988,044
2MultilateralWorld Food Programme (WFP)$5,497,828,038
3MultilateralGlobal Fund to Fight AIDS, Tuberculosis and Malaria$2,197,000,000
4MultilateralOffice of the U.N. High Commissioner for Refugees (UNHCR)$2,056,648,509
5MultilateralU.N. Children’s Fund (UNICEF)$1,344,630,781
6MultilateralInternational Development Association (IDA)$1,303,400,000
7MultilateralClean Technology Fund (CTF)$950,790,183
8U.S. Non-ProfitCatholic Relief Services (CRS)$891,035,271
9MultilateralInternational Organisation for Migration (IOM)$663,023,572
10MultilateralGavi, the Vaccine Alliance$580,000,000
Appendix Table 6

Top 10 Sector Recipients of U.S. Foreign Aid Funding, by Type and Funding, FY 2022

SectorRanking

 

FY 2022
Recipient TypeRecipientAmount of Funding
Democracy, Human Rights, and Governance1U.S. Private SectorDevelopment Alternatives, Inc. (DAI)$107,229,953
2U.S. Non-ProfitConsortium for Elections and Political Process Strengthening$101,950,873
3MultilateralU.N. Development Programme (UNDP)$66,412,214
4U.S. Private SectorChemonics International, Inc.$62,088,345
5U.S. Non-ProfitFHI 360$58,919,285
6U.S. Non-ProfitPact World$50,618,605
7U.S. Non-ProfitFreedom House$32,852,434
8U.S. Non-ProfitInterNews$29,080,895
9MultilateralInternational Organisation for Migration (IOM)$28,064,018
10U.S. Non-ProfitInternational Research and Exchanges Board$27,189,226
Economic Development1MultilateralWorld Bank Group$8,533,870,596
2U.S. Private SectorDevelopment Alternatives, Inc. (DAI)$278,393,340
3MultilateralCGIAR$215,135,654
4Foreign GovernmentGovernment of Jordan$180,529,371
5U.S. Private SectorChemonics International, Inc.$174,930,258
6MultilateralGlobal Agriculture and Food Security Program$155,000,000
7U.S. Private SectorARD, Inc.$120,965,511
8U.S. Non-ProfitAgriculture Cooperative Development International/Volunteers in Overseas Cooperative Assistance$118,223,915
9MultilateralFood and Agriculture Organisation (FAO)$103,095,414
10U.S. Private SectorFutures Group Global$91,754,897
Education and Social Services1MultilateralWorld Bank Group$132,167,989
2MultilateralU.N. Children’s Fund (UNICEF)$76,437,316
3U.S. Non-ProfitEducation Development Center$74,150,934
4Foreign GovernmentGovernment of Jordan$64,979,510
5U.S. Non-ProfitRTI International$62,696,240
6U.S. Educational InstitutionAmerican University$59,598,209
7U.S. Non-ProfitFHI 360$36,598,594
8Foreign Educational InstitutionLebanese American University$34,910,124
9U.S. Private SectorCreative Associates International$34,277,591
10U.S. Non-ProfitWorld Learning, Inc.$24,219,147
Environment1MultilateralGlobal Environment Facility$149,288,000
2U.S. Non-ProfitDucks Unlimited$30,489,824
3MultilateralU.N. Development Programme (UNDP)$23,326,545
4MultilateralU.N. Environment Programme (UNEP)$11,869,500
5MultilateralMultilateral Fund for the Implementation of the Montreal Protocol$8,326,000
6U.S. Non-ProfitWorld Resources Institute$7,087,283
7Foreign Non-ProfitProfonanpe$6,673,373
8MultilateralPacific Community Secretariat$4,769,000
9MultilateralCommission for Environmental Cooperation$3,550,000
10U.S. Non-ProfitWildlife Conservation Society$3,467,784
Health1MultilateralGlobal Fund to Fight AIDS, Tuberculosis and Malaria$2,197,000,000
2MultilateralGavi, the Vaccine Alliance$580,000,000
3MultilateralInternational Bank for Reconstruction and Development (IBRD)$255,000,000
4U.S. Private SectorAbt Associates, Inc.$239,034,392
5U.S. Educational InstitutionColumbia University$189,014,298
6U.S. Non-ProfitJhpiego Corporation$184,778,396
7U.S. Non-ProfitFHI 360$181,204,456
8U.S. Private SectorChemonics International, Inc.$177,191,645
9U.S. Non-ProfitJohn Snow International$160,468,418
10U.S. Non-ProfitElizabeth Glaser Pediatric AIDS Foundation (EGPAF)$157,959,949
Humanitarian Assistance1MultilateralWorld Food Programme (WFP)$5,340,240,907
2MultilateralOffice of the U.N. High Commissioner for Refugees (UNHCR)$2,056,648,509
3MultilateralU.N. Children’s Fund (UNICEF)$820,629,094
4U.S. Non-ProfitCatholic Relief Services (CRS)$663,167,801
5MultilateralInternational Organisation for Migration (IOM)$585,014,710
6MultilateralU.N. Relief and Works Agency (UNRWA)$363,937,718
7U.S. Non-ProfitWorld Vision$127,520,684
8Foreign Non-ProfitACF International$125,220,543
9U.S. Non-ProfitSave the Children Federation, Inc.$104,943,410
10U.S. Non-ProfitInternational Rescue Committee$103,046,021
Multi-Sector1MultilateralInternational Development Association (IDA)$1,301,400,000
2MultilateralClean Technology Fund (CTF)$950,790,183
3MultilateralEuropean Bank for Reconstruction and Development$500,000,000
4MultilateralU.N. Children’s Fund (UNICEF)$309,280,000
5MultilateralWorld Health Organization (WHO)$279,961,538
6MultilateralAfrican Development Bank$265,948,752
7MultilateralInternational Bank for Reconstruction and Development (IBRD)$206,900,000
8Foreign GovernmentGovernment of Micronesia (Federated States)$104,488,159
9MultilateralU.N. Development Programme (UNDP)$101,054,831
10Foreign GovernmentGovernment of Marshall Islands$90,185,391
Peace and Security1U.S. Private SectorPacific Architects and Engineers Incorporated$140,432,078
2MultilateralInternational Atomic Energy Agency$117,913,332
3MultilateralU.N. Department of Peacekeeping Operations (UNOPS)$106,104,346
4MultilateralU.N. Office on Drugs and Crime (UNODC)$88,308,392
5Foreign Non-ProfitMines Advisory Group$74,711,132
6MultilateralU.N. Development Programme$66,622,573
7Foreign Non-ProfitHalo Trust$54,827,844
8Foreign Non-ProfitNorwegian People’s Aid$54,200,868
9U.S. Private SectorAAR Corp$42,156,287
10U.S. Private SectorChemonics International, Inc.$41,595,616
Program Support1U.S. Private SectorMacfadden & Associates, Inc.$101,501,494
2U.S. Private SectorAlutiiq, LLC$81,480,174
3U.S. Private SectorConfederated Tribes of the Umatilla Indian Reservation$75,694,890
4U.S. Private SectorIron Bow Technologies, LLC$74,838,367
5Foreign Private SectorDeloitte$31,637,972
6U.S. Private SectorEnCompass, LLC$30,659,745
7U.S. Private SectorPM Consulting Group$29,580,823
8U.S. Private SectorPacific Architects and Engineers Incorporated$27,585,992
9Foreign Private SectorCGI Group, Inc.$27,360,583
10U.S. Private SectorSincerus Global Solutions, Inc.$20,151,467

Endnotes

  1. Per USAID Standard Provisions, when the MCP provision was included, “a foreign non-governmental organization is a for-profit or not-for-profit non-governmental organization that is not organized under the laws of the United States, any State of the United States, the District of Columbia, or the Commonwealth of Puerto Rico, or any other territory or possession of the United States.” See USAID, “Standard Provisions for U.S. Nongovernmental Organizations: A Mandatory Reference for ADS Chapter 303,” ADS Reference 303maa, partial revision May 18, 2020; “Standard Provisions for Non-U.S. Nongovernmental Organizations: A Mandatory Reference for ADS Chapter 303,” ADS Reference 303mab, partial revision Aug. 18, 2020. ↩︎
  2. Specifically, funding appropriated to the U.S. Agency for International Development (USAID), the Department of State, and the Department of Defense. ↩︎
  3. The policy included language that prohibited USAID from providing family planning assistance to any foreign private, nongovernmental, or multilateral organization until they certified that during the period for which the funding was made available 1) they would not perform abortions as a method of family planning in any foreign country and 2) they would not violate the laws of any foreign country regarding abortion and would not engage in lobbying any foreign country regarding abortion. ↩︎
  4. See FAR Case 2018–002, https://www.federalregister.gov/documents/2020/09/14/2020-17551/federal-acquisition-regulation-protecting-life-in-global-health-assistance. ↩︎
  5. In this analysis, NGOs include some U.S. public universities within the U.S. educational institution category, as well as some foreign public universities within the foreign educational institution category. It is possible that U.S. public universities could be exempted from the MCP if considered part of the U.S. government. ↩︎
  6. The analysis excluded approximately $2.9 billion in FY 2022 foreign aid funding that was identifiable as emergency COVID-19 assistance since it inflates the amount of foreign aid funding that may be subject to MCP in the event of reinstatement. However, it is notable that most of this COVID-19 funding was directed to non-USG recipients who also already received other foreign aid funding, suggesting their numbers are already accounted for in this analysis. Included in the total used for analysis is supplemental funding provided to Afghanistan and the Ukraine. ↩︎
  7. Number of countries represents countries that received funding directly from the U.S. government; additional countries may be reached through regional and worldwide programming. ↩︎
  8. U.S. NGOs have not been directly subject to the Mexico City Policy but, when in place in the past, must also agree to ensure that they do not provide funding to any foreign NGO sub-recipients unless those sub-recipients have first certified adherence to the policy. See KFF, The Mexico City Policy: An Explainer. ↩︎
  9. Includes number of foreign governments, multilaterals, and U.S. NGOs that received foreign assistance as well as the number of foreign NGOs that received non-health assistance only. ↩︎

HIV Testing in the United States

Published: May 29, 2024

Key Facts

  • HIV testing is integral to HIV prevention, treatment, and care. Knowledge of one’s HIV status enables individuals to engage in HIV treatment and is important for preventing transmission. While the share who know their HIV status has increased over time, as of 2021, 13% of people with HIV did not know they were HIV positive. Studies show that those who learn they are HIV positive modify their behavior to reduce the risk of HIV transmission and that those who do not know they are positive account for nearly 40% of new HIV infections.
  • In 2022, only about a third (36%) of nonelderly adults in the United States (U.S.) had ever been tested for HIV. The Centers for Disease Control and Prevention (CDC) recommends that everyone aged 13-64 be tested for HIV at least once as part of routine health care, and at least annually for those at higher risk.
  • Early knowledge of HIV status allows for linkage to medical care and treatment that can reduce morbidity and mortality and improve quality of life. Treatment guidelines recommend starting antiretroviral treatment as soon as one is diagnosed with HIV. Individuals with HIV who have an undetectable viral load, achieved through used of effective antiretroviral therapy, cannot sexually transmit HIV to others.
  • Most people with health insurance – both public and private – have access to HIV testing, often at no cost. And, for those without insurance, HIV testing can often be obtained at little or no cost in community settings.
Key Dates in the History of HIV Testing

Testing Statistics

  • Through earlier detection, raising awareness of HIV status, and linkage to care and treatment, testing plays an important role in addressing the U.S. epidemic.
  • Among the 2 million people with HIV in the U.S., an estimated 13% do not know they are living with HIV and this share accounts for nearly 40% of new transmissions.  Awareness of HIV status allows those who are positive to engage in HIV treatment which optimizes health outcomes, reduce viral load (the amount of virus in the body) and prevent transmission. Additionally, studies show that those who learn they are living wtih HIV modify their behavior to reduce the risk of HIV transmission.
  • According to the CDC’s Behavioral Risk Factor Surveillance System (BRFSS), in 2022, 3 in 10 (36%) U.S. adults, aged 18-64, reported ever having been tested for HIV (see Figure 1). HIV testing rates vary by state, age, race/ethnicity, and other factors. Some communities of color report having ever been tested for HIV at higher rates than White people. For example, 57% of Black people and 44% of Hispanic people report ever having been tested for HIV compared to 32% of White people. On the other hand Asian people, Native Hawaiian and Pacific islanders as a group report lower rates of testing (26%), potentially reflecting lower rates of HIV on those communities. (See Figure 1.)
  • The most recent KFF survey found that 37% of gay and bisexual men report being tested in the past two years.
Percent of Non-elderly Adults Who Report Ever Being Tested for HIV, by Race/Ethnicity, 2022

Testing Recommendations and Requirements

Since 2006, the CDC has recommended that everyone aged 13-64 receive at least one HIV test as a part of routine health care and more frequent testing, at least annually, for those at higher risk. Per the CDC, individuals who may benefit from at least annual screening include:

  • sexually active gay or bisexual men (some of whom may benefit from more frequent testing, such as every 3 to 6 months)
  • individuals who have had sex with an HIV-positive partner
  • individuals who have had more than one partner since their last HIV test
  • those who have shared needles or works to inject drugs
  • people who have exchanged sex for drugs or money
  • individuals who have another sexually transmitted disease, hepatitis, or tuberculosis
  • those who have had sex with someone who has participated in any of the above activities or with someone with an unknown sexual history

Additionally, HIV testing is recommended for:

  • anyone who has been sexually assaulted at original assessment, repeating at 6 weeks and 3 months
  • all pregnant people and for any newborn whose mother’s HIV status is unknown (treatment provided to pregnant HIV-positive people early in pregnancy can reduce the risk of transmitting HIV to 1% or less)
  • anyone who is PrEP, repeating every 3 months
  • those who have an occupational exposure, such as healthcare personnel, to blood and/or other body fluids that may contain HIV
  • local policies and recommendations may also inform or facilitate HIV testing. For example, in New York state, it mandatory to offer HIV testing to patients in the emergency room department, inpatient departments of hospitals, and primary care centers.

CDC recommends that all HIV screening be voluntary, and opt-out (patient is notified that the test will be performed and consent is inferred unless the patient declines) vs. opt-in (test is offered to the patient who must explicitly consent to an HIV test, often in writing).

HIV testing is mandatory in the U.S. in certain cases, including for: blood and organ donors; military applicants and active duty personnel; federal and state prison inmates under certain circumstances; and newborns in some states. As of January 2010, HIV testing is no longer mandatory for those wishing to emigrate to the United States or for refugees.

All states/territories have moved to HIV name reporting (in addition to reporting AIDS cases) where a person’s name is reported to the state if they test HIV positive. The state then reports the number of unique positive HIV tests to CDC (no names or other personally identifying information are reported to CDC; only clinical and basic demographic information are forwarded). This is considered confidential HIV testing. There is also anonymous HIV testing offered at some testing sites where identifying information is not collected/reported.

Insurance Coverage of HIV Testing

Most insurers now broadly cover HIV testing as part of routine healthcare without cost-sharing due to the Affordable Care Act (ACA). Under the ACA, any preventive service given an “A” or “B” rating by the United States Preventive Services Task Force (USPSTF) must be covered by most insurers without cost-sharing; in addition, traditional Medicaid programs, while not required to provide USPSTF top graded services, are incentivized to do so. In 2013, the USPSTF gave HIV screening an “A” rating for all adolescents and adults, ages 15 to 65. It also gave an “A” grade to HIV screening for pregnant women. Both of these recommendations were reaffirmed in 2019. The current insurance coverage landscape of HIV testing is as follows:

  • Private Insurance: Most private plans cover routine HIV testing without cost-sharing. All plans created after the ACA was signed in 2010 must provide coverage aligning with the USPSTF “A” and “B” grades without cost sharing.
  • Medicaid: All Medicaid programs cover “medically necessary” HIV testing and most cover routine HIV screening. Each state Medicaid program determines its own definition of medical necessity, although it generally refers to procedures recommended by a physician. In the case of HIV testing, it is clinically indicated based on a patient’s risk factors and/or signs of HIV infection.
  • Traditional Medicaid Programs: While all Medicaid programs must cover “medically necessary” HIV testing, coverage of “routine” HIV screening is an optional benefit in traditional (non-expansion) Medicaid programs. Still, most states do cover routine HIV screening. In a 2021 survey, of 42 responding jurisdictions, 40 states and DC (41 total) reported covering routine HIV testing. Just one state, Florida, reported covering “medically necessary” testing. Nine states did not respond, including 3 that reported covering only “medically necessary” testing in a prior survey (GA, NE, and SD).As of November 2021, among the 42 states that cover routine HIV screening, 16 (CA, CO, DE, HI, KY, LA, MA, MT, NH, NJ, NV, NY, OH, OR, WA and WI) cover all USPTSF “A” and “B” graded services and have sought an additional 1% increase in their federal matching rate (FMAP) for these services under Sec. 4106 of the ACA.
  • Medicaid Expansion Programs: In addition to covering medically necessary testing, Medicaid programs expanded under the ACA are required to cover preventive services rated “A” or “B” by the USPSTF, including HIV screening, without cost-sharing. To date, 40 states and DC have expanded their Medicaid programs.
  • Medicare: In April 2015, following the 2013 USPSTF recommendation and a subsequent National Coverage Determination, CMS expanded Medicare coverage to include annual HIV testing for beneficiaries ages 15-65 regardless of risk, and those outside this age range at increased risk without cost-sharing. Additionally, Medicare will cover up to three tests for pregnant beneficiaries.
  • Uninsured: For those without insurance coverage (or wishing not to use their insurance), HIV testing can be obtained at little or no cost in some community based settings (e.g., stand-alone HIV testing sites, community health centers, mobile testing clinics).

Testing Sites

  • HIV testing is offered at CDC-funded testing sites (accounting for about 1.7 million tests in 2021) and in other public and private settings, including free-standing HIV counseling and testing centers, health departments, hospitals, private doctor offices, STD clinics, and mobile testing units. The overall positivity rate at CDC funded test sites was 1.1% in 2021. The positivity rate for new diagnoses was 0.5% but was substantially higher for certain sub-populations (e.g. 1.4% for transgender people, 1.9% for men who have sex with men and 2.8% for men who have sex with men and also use injection drugs). Among CDC-funded testing sites, non-health care facilities have a higher rate of clients testing HIV positive than do health care and correctional facilities.
  • HIV testing is a component of the Ending the HIV Epidemic Initiative (EHE), a federal effort launched in 2019 to reduce new HIV infections in the United States by 75% in five years and 90% in ten years. HIV testing as part of the EHE is largely conducted through Health Resources and Services Administration (HRSA) funded Health Centers. Prior to EHE in 2018, HRSA funded Health Centers conducted 2,427,075 HIV tests. Between 2018 and 2022, there was a 44% increase in HIV tests as over a million more patients were tested in 2022 (3,492,034).

Testing Techniques

  • HIV tests aim to detect the virus by looking for evidence of the body’s immune response (antibodies), proteins on the surface of the virus (antigens), or genetic material from the virus (RNA). Detectable antibodies usually develop within 3-8 weeks after infection but may take longer; the period after initial infection with HIV before detectable antibodies develop is the “window period.”
  • In 2010, the FDA approved the first HIV diagnostic test that detects both antibodies and antigen, a component of the virus that triggers the production of antibodies. In 2013, the FDA approved the first rapid antigen-antibody test, the first test also to distinguish between acute and established HIV-1 infection. Tests for antigen allow for earlier detection of HIV because they can detect the virus before the body has mounted a response, although there will still be a window period of approximately two weeks after initial infection during which no test can detect the virus. RNA, or nucleic acid tests, which detect the virus itself in the blood, are also available, but not routinely used for screening. The test may be used in cases where there has been a high-risk exposure to HIV because they are able to detect the virus earliest in infection, as a follow-up test to a positive antibody or antigen test and are now recommended in certain cases as part of assessment for PrEP.

HIV diagnostics in the U.S differ based on type of specimen tested (whole blood, serum, or plasma; oral fluid; urine); how the specimen is collected (blood draw/venipuncture; finger prick; oral swab; via urination); where the test is done (laboratory; point-of-care site; at home); and how quickly results are available (conventional or rapid). The main types of tests are:

  • Conventional Blood Test: Blood sample drawn by health care provider; tested at lab. Results: less than an hour to several days.
  • Conventional Oral Fluid Test: Oral fluid sample collected by health care provider, who swabs inside of mouth; tested at lab. Results: a few days to two weeks.
  • Rapid Tests: Whole blood finger prick or venipuncture; plasma; oral fluid sample collected depending on complexity of rapid test and individual administering test. Results: approximately 10 minutes. If test is negative, no further testing is needed. If positive, test must be confirmed with a more specific test through conventional method. Some rapid tests have been granted CLIA waivers which allow them to be used outside traditional laboratories.
  • Self and Home Tests: There is one FDA approved self-test, which is a rapid oral fluid test. Results: approximately 20 minutes. The second FDA test is collected at home and performed with a finger prick with a lancet, placing two drops of blood on a treated card, and mailing to a lab for testing. An identification number on the card is used when phoning for results; counseling and referral are available by phone. Results: in approximately three days. Self or home testing may help address some barriers to HIV testing that may make some people more hesitant to access in person health services.
  • Urine Test: Urine sample collected by health care provider; tested at lab. Results: a few days to two weeks.

After an HIV Test

Following an HIV test, individuals who test positive can expect a confirmatory test and linkage to HIV care and treatment. It is recommended to initiate antiretroviral treatment as soon as possible after diagnosis. Doing so facilitates the best possible clinical outcomes for the HIV positive individual and is also a prevention opportunity, as once that individual has an undetectable viral load HIV cannot be transmitted to others. Individuals who test HIV negative but who are at high risk for the infection, may be referred to additional prevention services such as PrEP which can reduce the risk of HIV acquisition through sex by about 99%.

FAQs on Medicare Financing and Trust Fund Solvency

Published: May 29, 2024

Key Takeaways

  • Funding for Medicare, which totaled $1 trillion in 2023, comes primarily from general revenues (government contributions), payroll tax revenues paid by employers and workers, and premiums paid by beneficiaries.
  • Based on current projections from the Medicare Board of Trustees’ 2024 report, the Medicare Part A (Hospital Insurance, or HI) trust fund is projected to be depleted in 2036, 12 years from now – an improvement of five years compared to the projected depletion date of 2031 in the previous report due to higher expected revenues and lower projected spending. To date, lawmakers have never allowed the HI trust fund to be fully depleted.
  • Total Part A spending is projected to exceed revenues beginning in 2030, which means trust fund reserves will be needed to pay benefits in full. By 2036, there will be insufficient revenues, including reserves, to pay full benefits for the year. Medicare would be able to pay 89% of costs covered under Part A using payroll tax revenues in that year.
  • The revenues for Medicare Parts B and D are determined annually to meet expected spending obligations for the coming year, meaning that the Supplementary Medical Insurance, or SMI, trust fund does not face a funding shortfall, in contrast to the HI trust fund. But higher projected spending on Part B and Part D will increase the amount of general revenues and beneficiary premiums required to cover this spending. Altogether, beneficiary premiums and cost sharing for Part B and Part D are estimated to account for 26% of the average Social Security benefit in 2024.
  • With rising enrollment in Medicare Advantage, payments to Medicare Advantage plans are rising as a share of Part A and Part B spending, which affects the balance of the HI Trust Fund and Part B premiums. In 2024, MedPAC estimates that the Medicare program will spend 22% more per Medicare Advantage enrollee than for similar beneficiaries in traditional Medicare – an additional $83 billion in total.
  • The Medicare trustees estimate that an increase of 0.35% of taxable payroll (increasing the 2.9% payroll tax to 3.25%) or a spending reduction of 8% would bring the HI trust fund into balance over the long term.

Introduction

Medicare, the federal health insurance program for 67 million people ages 65 and over and younger people with long-term disabilities, helps to pay for hospital and physician visits, prescription drugs, and other acute and post-acute care services. In 2023, Medicare benefit payments totaled $839 billion, net of premiums and other offsetting receipts. Accounting for 21% of national health care spending and 12% of the federal budget in 2022, Medicare spending often plays a major role in federal health policy and budget discussions.

In discussions of Medicare’s financial condition, attention frequently centers on one specific measure —the solvency of the Medicare Hospital Insurance (HI) trust fund, out of which Medicare Part A benefits are paid. Based on current projections from the Medicare Board of Trustees in their 2024 report, the HI trust fund is projected to be depleted in 2036, 12 years from now – an improvement of five years compared to the projected depletion date of 2031 in the previous report due to higher expected revenues and lower projected spending.

The HI trust fund depletion date is only one way of measuring Medicare’s financial status and doesn’t present a complete picture of total program spending and revenues, but it does indicate whether there is an imbalance between spending and financing for inpatient hospital and other benefits covered under Medicare Part A. These FAQs answer key questions about Medicare financing and trust fund solvency.

How is Medicare financed?

Funding for Medicare, which totaled $1 trillion in 2023, comes primarily from general revenues (government contributions), payroll tax revenues paid by employers and workers, and premiums paid by beneficiaries (Figure 1). Other sources include taxes on Social Security benefits, payments from states, and interest. The different parts of Medicare are funded in varying ways, and revenue sources dedicated to one part of the program cannot be used to pay for another part.

Medicare Revenues Come from Different Sources, Primarily General Revenues, Payroll Taxes, and Premiums Paid by Beneficiaries
  • Part A, which covers inpatient hospital stays, skilled nursing facility (SNF) stays, some home health visits, and hospice care, is financed primarily through a 2.9% tax on earnings paid by employers and employees (1.45% each). Higher-income taxpayers (more than $200,000 per individual and $250,000 per couple) pay a higher payroll tax on earnings (2.35%). Payroll taxes accounted for 88% of Part A revenue in 2023.
  • Part B, which covers physician visits, outpatient services, preventive services, and some home health visits, is financed primarily through a combination of general revenues (71% in 2023) and beneficiary premiums (27%) (and 1% from interest and other sources). Beneficiaries with annual incomes over $103,000 per individual or $206,000 per couple pay a higher, income-related Part B premium reflecting a larger share of total Part B spending, ranging from 35% to 85%. The standard monthly Part B premium in 2024 is $174.70, while the income-related monthly premiums range from $244.60 to $594.
  • Part D, which covers outpatient prescription drugs, is financed primarily by general revenues (73%), with additional revenues coming from beneficiary premiums (14%) and state payments for beneficiaries enrolled in both Medicare and Medicaid (12%). Higher-income enrollees pay a larger share of the cost of Part D coverage, as they do for Part B.

The Medicare Advantage program (Part C) is not separately financed. Medicare Advantage plans, such as HMOs and PPOs, cover Part A, Part B, and (typically) Part D benefits. Funds for Part A benefits provided by Medicare Advantage plans are drawn from the Medicare HI trust fund (accounting for 48% of total spending on Part A benefits in 2023). Funds for Part B and Part D benefits are drawn from the Supplementary Medical Insurance (SMI) trust fund. Beneficiaries enrolled in Medicare Advantage plans pay the Part B premium and may pay an additional premium for their plan.

What does Medicare trust fund solvency mean and why does it matter?

The solvency of the Medicare Hospital Insurance (HI) trust fund, out of which Part A benefits are paid, is a common way of measuring Medicare’s financial status, though because it only focuses on the status of Part A, it does not present a complete picture of total program spending. Medicare solvency is measured by the level of reserves in the HI trust fund. In years when annual income to the trust fund exceeds benefits spending, the level of reserves increases, and when annual spending exceeds income, the level of reserves decreases. This matters because when spending exceeds income and the reserves are fully depleted, Medicare will not have sufficient funds to pay hospitals and other providers for all Part A benefits that are provided in a given year. Based on current projections from the Medicare trustees, Part A spending will exceed Part A revenues beginning in 2030.

When are HI trust fund reserves projected to be depleted?

Each year, the Medicare trustees provide an estimate of the year when the HI trust fund reserves are projected to be fully depleted. In the 2024 Medicare Trustees report, the trustees project that reserves in the Part A trust fund will be depleted in 2036, 12 years from now. This is an improvement of five years from the projection in the 2023 Medicare Trustees report, when the depletion date was projected to be 2031 (Figure 2).

The Medicare Trustees Currently Project Depletion of the Medicare Hospital Insurance Trust Fund in 2036, 5 Years Later than Their 2023 Projection

In the coming decade, based on current projections from the Medicare trustees, Part A spending will exceed Part A revenues beginning in 2030, leading to a gradual reduction in the level of reserves in the HI trust fund (Figure 3). By 2033, the Medicare trustees project that the HI trust fund will begin the year with $254 billion in reserves, but because spending is projected to exceed revenue by $55 billion that year, the trust fund is expected to end the year with $198 billion in reserves. As Part A spending is projected to continue to exceed Part A revenues in the years that follow, the reserves will be depleted at some point during the year in 2036.

The Medicare Trustees Project that Part A Spending Will Exceed Revenues Beginning in 2030, Leading to a Gradual Depletion of Assets in the Part A Trust Fund by 2036

What happens if the reserves in the HI trust fund are fully depleted? Can Medicare go bankrupt?

Medicare cannot go bankrupt or go broke. While some describe Medicare or the Medicare HI trust fund as heading toward bankruptcy or going broke when referring to the depletion of HI trust fund reserves, Medicare will not cease to operate if HI trust fund reserves are fully depleted because revenue will continue flowing into the fund from payroll taxes and other sources.

Based on current projections of trust fund reserve depletion in 2036, Medicare would be able to pay 89% of costs covered under Part A using payroll tax revenues in that year. However, there is no automatic process in place or precedent to determine how to apportion the available funds or how to fill the shortfall.

What factors affect the solvency of the HI trust fund and what explains the improved status in 2024?

The solvency of the Medicare HI trust fund is affected by several factors. In addition to legislative and regulatory changes that affect Part A spending (both utilization of services and payments for services provided by hospitals, skilled nursing facilities, and other providers, and for Part A services covered by Medicare Advantage plans) and revenues, Part A trust fund solvency is affected by:

  • the level of growth in the economy, which affects Medicare’s revenue from payroll tax contributions: economic growth that leads to higher employment and wages boosts revenue to the trust fund, while an economic downturn can have the opposite effect,
  • overall health care spending trends: higher health care price and cost growth can lead to higher spending for services covered under Medicare Part A that could hasten the depletion date, while moderation in the growth of prices and costs could slow spending growth, and
  • demographic trends: this includes the aging of the population, which is leading to increased Medicare enrollment (especially between 2010 and 2030 when the baby boom generation reaches Medicare eligibility age); a declining ratio of workers per beneficiary making payroll tax contributions, which means lower revenue; and other factors, such as fertility rates, disability rates, and immigration.

In the 2024 report, the Medicare trustees attributed the improvement in the financial status of the HI trust fund to a combination of factors:

  • Income to the HI trust fund is projected to be higher than in the 2023 report due to higher employment and average wage growth.
  • Part A spending is projected to be lower than last year’s estimates due to a policy change to exclude graduate medical education expenses associated with enrollees in Medicare Advantage from the fee-for-service costs used to determine payments to Medicare Advantage plans.
  • Projected Part A spending on inpatient and home health services is lower than previously estimated, with more recent spending data informing these projections.

How have the solvency projections of the HI trust fund changed over time?

Since 1990, the HI trust fund came within 10 years of depletion for much of the 1990s, in 2009, and again in each year between 2018 and 2023 (Figure 4). To improve the fiscal outlook of the trust fund in the 1990s, Congress enacted legislation to reduce Medicare spending obligations, while policy changes adopted in the Affordable Care Act of 2010 – including reduced Medicare payments to plans and providers and increased revenues – helped to improve the status of the HI trust fund between 2009 and 2010. To date, lawmakers have never allowed the HI trust fund to be fully depleted.

Since 1990, the Medicare Hospital Insurance Trust Fund Came Within 10 Years of Depletion for Much of the 1990s, in 2009, and Again in Each Year From 2018 to 2023

What is the Medicare funding warning and why does it matter?

The Medicare Modernization Act of 2003, the law that created the Medicare Part D drug benefit, also included a provision that required the Medicare Trustees to calculate annually whether the difference between total Medicare outlays and specified dedicated financing sources is expected to account for more than 45% of Medicare outlays in the current fiscal year or any of the next six fiscal years. If so, the trustees issue a determination of “excess general revenue Medicare funding,” and making such a determination in two consecutive reports triggers a “Medicare funding warning.”

In their 2024 report, the Medicare Trustees made a determination of “excess general revenue Medicare funding” based on projections of general revenue funding exceeding 45% in the next seven years, and because the same determination was made in the 2023 report, this triggered a “Medicare funding warning” (Figure 5). In fact, the trustees have made a determination of excess general revenue funding for eight years in a row and issued funding warnings for seven years in a row.

The Medicare Trustees Made a Determination of “Excess General Revenue Medicare Funding” in the 2024 Report

While this measure is intended to draw attention to Medicare spending and revenues and the role of government contributions in funding the Medicare program, no automatic changes are made to Medicare if the funding warning is issued. Instead, the President is required to submit legislation to Congress to respond to the warning, and an expedited process is in place for the Congress to consider the President’s proposed legislation. To date, however, only President George W. Bush in 2008 submitted a proposal to Congress in direct response to a Medicare funding warning issued by the Medicare Trustees in 2007, but Congress took no action on that proposal.

Are Medicare Part B and Part D also facing a trust fund shortfall?

The Hospital Insurance trust fund provides financing for only one part of Medicare, so it represents only one part of Medicare’s total financial picture. While Part A is funded primarily by payroll taxes, benefits for Part B physician and other outpatient services and Part D prescription drugs are funded by general revenues (government contributions) and premiums paid for out of separate accounts in the Supplementary Medical Insurance, or SMI, trust fund. The revenues for Medicare Parts B and D are determined annually to meet expected spending obligations for the coming year, meaning that the SMI trust fund does not face a funding shortfall, in contrast to the HI trust fund.

However, higher projected spending for benefits covered under Part B and Part D will increase the amount of general revenues and beneficiary premiums required to cover costs for these parts of the Medicare program in the future. The Medicare trustees project that the standard monthly Part B premium will increase from $174.70 in 2024 to nearly $300 in 2033, accounting for 15% of the average retired worker’s Social Security benefit in 2033, up from 10% in 2024. Altogether, premiums and cost sharing for Part B and Part D are estimated to account for 26% of the average Social Security benefit in 2024.

How do payments to Medicare Advantage plans affect the solvency of the Part A Trust Fund and Part B premium and general revenue spending?

With the rise in Medicare Advantage enrollment, payments to private Medicare Advantage plans account for a growing share of total Medicare spending under Part A and Part B. According to current projections, payments to Medicare Advantage plans are projected to rise as a share of total Part A spending from 48% in 2023 to 54% in 2033, a shift that could impact HI trust fund solvency. Medicare Advantage is also projected to rise as a share of total Part B spending, from 55% in 2023 to 65% in 2033, which could impact both beneficiary premiums and general revenue spending. In 2024, MedPAC estimates that the Medicare program will spend 22% more per Medicare Advantage enrollee than for similar beneficiaries in traditional Medicare – an additional $83 billion in total.

What is the longer-term outlook for Medicare financing and trust fund solvency?

Although current projections show that the short-term solvency outlook for the Medicare HI trust fund has improved, the Medicare program continues to face longer-term financial pressures associated with higher health care costs and an aging population. The Medicare trustees estimate that an increase of 0.35% of taxable payroll (increasing the 2.9% payroll tax to 3.25%) or a spending reduction of 8% would bring the HI trust fund into balance over the long term.

To sustain Medicare for the long run, policymakers may consider adopting broader changes to the program that could include both reductions in payments to providers and plans or reductions in benefits, and additional revenues, such as payroll tax increases or new sources of tax revenue. Evaluating such changes would likely involve careful deliberation about the effects on federal expenditures, the Medicare program’s finances, and beneficiaries, health care providers, and taxpayers.

This work was supported in part by Arnold Ventures. KFF maintains full editorial control over all of its policy analysis, polling, and journalism activities.

Half of All U.S. States Limit or Prohibit Youth Access to Gender Affirming Care

Authors: Lindsey Dawson and Anna Rouw
Published: May 29, 2024

As of May 21, 2024, KFF tracking shows that half of all U.S. states have enacted a law that prohibits or limits youth access to gender affirming care. The uptick in this lawmaking was slow at first but then rapidly accelerated over the course of the past 18 months. LGBTQ civil rights, including those related to health care access, continue to be the subject of divisive political debates at the state and national level, particularly as the election season heats up.

Figure 1

Arkansas was the first state to enact a youth gender affirming care ban in April 2021, with Arizona and Alabama following about a year later. Beginning in January 2023, the number of states enacting these policies rapidly proliferated and by August, the number of states with bans reached 22 – a seven-fold increase in an eight-month period. As of last week, the total number of states has now reached 25.  While these laws do mainly impact youth access to health care, some impact adult access too, and a majority of the laws (23 of 25) include professional and/or civil penalties for health care practitioners who provide such care, including six states with felony penalties. Similar to the proliferation of bans, legal challenges are piling up, and laws in 17 of the 25 states are being challenged in state or federal court. (Detailed information about these state laws and litigation available in our Policy Tracker: Youth Access to Gender Affirming Care and State Policy Restrictions, which KFF will continue to update as developments occur.)

Timeline of States Adopting Laws/Policies Limiting Access to Youth Gender Affirming Care, To Date