HHS Statement on Abortion Funding

The Department of Health and Human Services has released the following statement regarding allegations that newly approved Pre-Existing Condition Insurance Plans would cover abortions:

As is the case with FEHB plans currently, and with the Affordable Care Act and the President’s related Executive Order more generally, in Pennsylvania and in all other states abortions will not be covered in the Pre-existing Condition Insurance Plan (PCIP) except in the cases of rape or incest, or where the life of the woman would be endangered.

Our policy is the same for both state and federally-run PCIP programs. We will reiterate this policy in guidance to those running the Pre-existing Condition Insurance Plan at both the state and federal levels. The contracts to operate the Pre-existing Condition Insurance Plan include a requirement to follow all federal laws and guidance.

The Long Reach of Obamacare

The entire country, including and especially the blogosphere, is ablaze with commentary, debate, and verbal warfare over the merits and potential consequences of Obamacare’s passage into law on Tuesday. Among us Catholics debate has been particularly intense, since the American Church played a key role in opposing Obamacare due to its anti-life provisions, though I can’t say that I agree at all with the bishops when they suggest that the bill was otherwise acceptable.

I opposed, and continue to oppose Obamacare for many reasons, abortion funding being only one of them. Indeed, while the absence of the Hyde language from the bill is certainly troubling, the truth is that Catholic taxpayers have been funding “medically necessary” or “exceptional” abortions at the state level through Medicaid for decades – abortions which are still offenses against life according to the teaching of the Church. Some Catholics have also been doing so through their participation in private health care plans that cover abortion. In modern America, we may as well forget about any kind of meaningful “conscience protection.”

It occurs to me that there are – among several others – two major problems that I have not seen adequate coverage of in the news that will result from Obamacare, though I admit, I can’t read everything, so if someone can direct me to analysis of these issues, I would be grateful.

Stupak Deal with Obama, The End of the Pro Life Democrat?

US Catholic Bishops: Executive Order Deal A Non-Starter:

We’ve consulted with legal experts on the specific idea of resolving the abortion funding problems in the Senate bill through executive order. We know Members have been looking into this in good faith, in the hope of limiting the damage done by abortion provisions in the bill. We believe, however, that it would not be fair to withhold what our conclusion was, as it may help members in assessing the options before them:

“One proposal to address the serious problem in the Senate health care bill on abortion funding, specifically the direct appropriating of new funds that bypass the Hyde amendment, is to have the President issue an executive order against using these funds for abortion. Unfortunately, this proposal does not begin to address the problem, which arises from decades of federal appellate rulings that apply the principles of Roe v. Wade to federal health legislation. According to these rulings, such health legislation creates a statutory requirement for abortion funding, unless Congress clearly forbids such funding. That is why the Hyde amendment was needed in 1976, to stop Medicaid from funding 300,000 abortions a year. The statutory mandate construed by the courts would override any executive order or regulation. This is the unanimous view of our legal advisors and of the experts we have consulted on abortion jurisprudence. Only a change in the law enacted by Congress, not an executive order, can begin to address this very serious problem in the legislation.”

Richard Doerflinger
U.S. Conference of Catholic Bishops

• In deal with Stupak, White House announces executive order on abortion (Washington Post):
  

  Resolving an impasse with anti-abortion Democrats over the health-care reform legislation, President Obama announced Sunday that he will be issuing an executive order after the bill is passed “that will reaffirm its consistency with longstanding restrictions on the use of federal funds for abortion,” according to a statement from the White House.

  “I’m pleased to announce we have an agreement,” Rep. Bart Stupak (D-Mich.) said at a news conference announcing the deal.

• “I think we’re witnessing Bart Stupak write the obit for the concept of the “pro-life Democrat” – Kathryn Jean Lopez (National Review).

Further analysis of the text of the order:

Final Plea of Bishops to Defeat Senate Version of ObamaCare

A final letter from the USCCB to each member of the House against the Senate version of ObamaCare.  The letter is signed by Daniel Cardinal DiNardo, chairman of the USCCB’s committee on pro-life activities, Bishop William Murray, chairman of the USCCB’s committee on domestic justice and human development and  Bishop John Wester, chairman of the USCCB’s committe on migration.

Dear Representative:

For decades, the United States Catholic bishops have supported universal health care. The Catholic Church teaches that health care is a basic human right, essential for human life and dignity. Our community of faith provides health care to millions, purchases health care for tens of thousands and addresses the failings of our health care system in our parishes, emergency rooms and shelters. This is why we as bishops continue to insist that health care reform which truly protects the life, dignity, consciences and health of all is a moral imperative and urgent national priority.

We are convinced that the Senate legislation now presented to the House of Representatives on a “take it or leave it” basis sadly fails this test and ought to be opposed. Why do we take this position, when we have a long record of support for health care reform? Our fundamental objections can be summarized in two points:

Health care reform must protect life and conscience, not threaten them. The Senate bill extends abortion coverage, allows federal funds to pay for elective abortions (for example, through a new appropriation for services at Community Health Centers that bypasses the Hyde amendment), and denies adequate conscience protection to individuals and institutions. Needed health care reform must keep in place the longstanding and widely supported federal policy that neither elective abortion nor plans which include elective abortion can be paid for with federal funds. Simply put, health care reform ought to continue to apply both parts of the Hyde amendment, no more and no less. The House adopted this policy by a large bipartisan majority, establishing the same protections that govern Medicaid, SCHIP, the Federal Employee Health Benefits Program and other federal health programs.

Despite claims to the contrary, the status quo prohibits the federal government from funding or facilitating plans that include elective abortion. The Senate bill clearly violates this prohibition by providing subsidies to purchase such plans. The House bill provided that no one has to pay for other people’s abortions, while this Senate bill does not. While the Senate provides for one plan without abortion coverage in each exchange, those who select another plan in an exchange to better meet the special needs of their families will be required to pay a separate mandatory abortion fee into a fund exclusively for abortions. This new federal requirement is a far more direct imposition on the consciences of those who do not wish to pay for the destruction of unborn human life than anything currently in federal law.

It is not those who require that the Hyde Amendment be fully applied who are obstructing reform, since this is the law of the land and the will of the American people. Rather, those who insist on expanding federal participation in abortion, require people to pay for other people’s abortions, and refuse to incorporate essential conscience protections (both within and beyond the abortion context) are threatening genuine reform. With conscience protection as with abortion funding, our goal is simply to preserve the status quo.

The Cost is Too High; The Loss is Too Great

Francis Cardinal George, the President of the United States Conference of Catholic Bishops, has issued a statement explaining why the Bishops are opposed to the Senate version of ObamaCare.

The Cost is too High; the Loss is too Great

The Catholic Bishops of the United States have long and consistently advocated for the reform of the American health care system. Their experience in health care and in Catholic parishes has acquainted them with the anguish of mothers who are unable to afford prenatal care, of families unable to ensure quality care for their children, and of those who cannot obtain insurance because of preexisting conditions.

Throughout the discussion on health care over the last year, the bishops have advocated a bipartisan approach to solving our national health care needs. They have urged that all who are sick, injured or in need receive necessary and appropriate medical assistance, and that no one be deliberately killed through an expansion of federal funding of abortion itself or of insurance plans that cover abortion. These are the provisions of the long standing Hyde amendment, passed annually in every federal bill appropriating funds for health care; and surveys show that this legislation reflects the will of the majority of our fellow citizens. The American people and the Catholic bishops have been promised that, in any final bill, no federal funds would be used for abortion and that the legal status quo would be respected.

However, the bishops were left disappointed and puzzled to learn that the basis for any vote on health care will be the Senate bill passed on Christmas Eve. Notwithstanding the denials and explanations of its supporters, and unlike the bill approved by the House of Representatives in November, the Senate bill deliberately excludes the language of the Hyde amendment. It expands federal funding and the role of the federal government in the provision of abortion procedures. In so doing, it forces all of us to become involved in an act that profoundly violates the conscience of many, the deliberate destruction of unwanted members of the human family still waiting to be born.

What do the bishops find so deeply disturbing about the Senate bill? The points at issue can be summarized briefly. The status quo in federal abortion policy, as reflected in the Hyde Amendment, excludes abortion from all health insurance plans receiving federal subsidies. In the Senate bill, there is the provision that only one of the proposed multi-state plans will not cover elective abortions – all other plans (including other multi-state plans) can do so, and receive federal tax credits. This means that individuals or families in complex medical circumstances will likely be forced to choose and contribute to an insurance plan that funds abortions in order to meet their particular health needs.

Further, the Senate bill authorizes and appropriates billions of dollars in new funding outside the scope of the appropriations bills covered by the Hyde amendment and similar provisions. As the bill is written, the new funds it appropriates over the next five years, for Community Health Centers for example (Sec. 10503), will be available by statute for elective abortions, even though the present regulations do conform to the Hyde amendment. Regulations, however, can be changed at will, unless they are governed by statute.

Sebelius Confirmation Hearing

Today, Tuesday, April 1, 2009, Gov. Kathleen Sebelius appeared before the Senate HELP Cmte. for the first of two hearings to be confirmed as the United States Secretary of Health and Human Services.

Sebelius, as we all know, is a pro-choice Catholic who’s position on sanctity of life issues is troublesome given her future task, if confirmed, to lead in a health care reform overhaul that is expected to be introduced and brought to a congressional vote at the end of this year.