South Dakota hasn't provided required Medicaid coverage for some abortions for 25 years

PIERRE — A federal investigation found that South Dakota has been violating a federal  law regulating abortions for Medicaid recipients since 1994. 

South Dakota is the only state not complying with the federal law requiring states to provide Medicaid coverage for abortions in cases of rape or incest, according to a U.S. Government Accountability Office report released Feb. 4.

The state, however, does include Medicaid coverage for abortions when the woman's life is in danger, which is also mandated by federal law. Federal funding goes toward abortions in those three circumstances for Medicaid recipients, which is the only exception to the Hyde Amendment prohibiting the use of federal funds for abortions.

The GAO, a congressional investigative agency, also noted that the Centers for Medicare and Medicaid Services has had limited oversight of the federal law. 

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"In the case of South Dakota, CMS is aware that the state does not cover abortions in cases of rape or incest, as required by federal law, but has not taken any action in 25 years to ensure the state's compliance," the GAO states. 

The GAO is recommending that the CMS take action to ensure that South Dakota comply with federal law. The U.S. Department of Health and Human Services concurred with the recommendation, saying that CMS will notify the state that its Medicaid plan doesn't comply with federal law.

Gov. Kristi Noem's administration plans to continue with the status quo. 

"South Dakota will continue to do what we always have done — not cover abortion costs under Medicaid," the governor's office said in a statement.