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In New Rule, Obama
Administration Backs Off Funding Elective Abortions in High-Risk
Insurance Program -- But Vows This is "Not a Precedent" for
Decisions on Future Health Programs
Part Two of Four
WASHINGTON
(July 29, 2010) – The Obama Administration, caught in a
spotlight of publicity generated by mid-July releases from the
National Right to Life Committee (NRLC), today issued a formal
regulation that will prevent federal funding of elective
abortions in just one of the new programs created by the health
care bill signed into law by President Obama on March 23.
At issue is the Pre-Existing
Condition Insurance Plan (PCIP), also known as the "high-risk
pool" program, which is one of many programs created by the
Patient Protection and Affordable Care Act (PPACA). The
high-risk pool program is completely federally funded ($5
billion), and may cover up to 400,000 people when fully
implemented.
"Without blinking, the
Obama Administration had approved high-risk pool plans submitted
by at least three states that would have funded virtually all
abortions – until NRLC raised the alarms starting on July 13,"
said NRLC Legislative Director Douglas Johnson. "In the
regulation issued today, the Administration tells states that
elective abortions may not be covered in the high-risk pool
program – but simultaneously, the head of the White House Office
of Health Reform, Nancy-Ann DeParle, issued a statement on the
White House blog explaining that this decision 'is not a
precedent for other programs or policies given the unique,
temporary nature of the program . . .'"
"This entire episode
demonstrates what National Right to Life said in March – there
is no language in the new health care law, and no language in
Obama's politically contrived March 24 executive order, that
effectively prevents federal subsidies for abortion on demand,"
Johnson said. "This means that unless Congress repeals
the health care law or performs major corrective surgery on it,
there will be years of battles, as each new program is
implemented, over how elective abortion will be covered – and
the White House is suggesting that today's policy will not
necessarily be applied when implementing the other programs,
some of which will cover far larger populations."
"Lawmakers who voted for
the gravely flawed bill must be held accountable, because we
warned them that it left numerous doors open for federal
subsidies for abortion," Johnson said.
On July 23, the nonpartisan
Congressional Research Service (CRS) issued a report confirming
that neither the PPACA (the health care law signed by Obama),
nor the March 24 executive order on abortion, nor the
longstanding Hyde Amendment, prevent the use of funds in the new
high-risk pool program from being used to cover all abortions,
but added that the law does give the Secretary of HHS authority
to impose "any other requirements determined appropriate by the
Secretary" with respect to the high-risk pool program. The CRS
report is posted here:
http://www.nrlc.org/AHC/CRSReportAbortionandHighRiskPools.pdf
In a July 22 report,
www.FactCheck.org found that NRLC's initial July 13 warning,
which focused initially on abortion coverage in the HHS-approved
plan submitted by Pennsylvania, was well founded. "It would be
easy to miss the fact that Pennsylvania's official solicitation
called for coverage of all state-legal abortions," FactCheck.org
observed. The FactCheck.org report is posted here:
www.factcheck.org/2010/07/taxpayer-funded-abortions-in-high-risk-pools/
On July 14, the Associated
Press confirmed an NRLC report that New Mexico was enrolling
people in the new program with a prospectus that explicitly
covered "elective abortions." On July 16, NRLC confirmed that
Maryland was also signing up enrollees based on a document that
pointed to abortion coverage.
Some pro-abortion advocacy
groups, and some members of Congress have suggested that the
Administration should allow the new high-risk pool program to
pay for abortions with "private funds." NRLC's Johnson
commented, "It is a political scam to suggest that a federal
program can pay for abortions, or anything else, with 'private
funds.' When a federal program pays for abortions, that is
federal funding of abortion. To claim otherwise would be
particularly absurd with respect to the high-risk pool program,
since 'the program is entirely funded by the federal
government,' as Nancy-Ann DeParle, head of the White House
Office of Health Reform, noted in her statement posted on the
White House blog today. Any funds collected from enrollees
become federal funds once the government has them, and when they
are spent, that is federal spending."
Part Three
Part Four
Part One |