Research Briefing

Obama New Regulation Removes “Conscience” Protections For Pro-Life Health Workers

OBAMA RESCINDS “CONSCIENCE” REGULATION,

LEAVING PRO-LIFE HEALTH WORKERS VULNERABLE TO DISCRIMINATION

“The Obama Administration Rescinded Most Of A Federal Regulation Friday Designed To Protect Health Workers Who Refuse To Provide Care They Find Objectionable On Personal Or Religious Grounds.”  (Rob Stein, “Obama Administration Replaces Controversial ‘Conscience’ Regulation For Health-Care Workers,” The Washington Post, 2/18/11)

Obama’s New Regulation Eliminates Rule To Cut Off Federal Funding To Entities That Discriminated Against Individuals Who Refuse To Participate In Certain Practices Because Of Personal, Moral Or Religious Beliefs. “Calling the Bush-era rule ‘unclear and potentially overbroad in scope,’ the new, much narrower version essentially leaves in place only long-standing federal protections for workers who object to performing abortions or sterilizations. It also retains the Bush rule's formal process for workers to file complaints. … The Bush regulation, if enforced, would have cut off federal funding for thousands of entities, including state and local governments, hospitals, health plans and clinics, if they did not accommodate doctors, nurses, pharmacists or other employees who refused to participate in care they felt violated their personal, moral or religious beliefs.”  (Rob Stein, “Obama Administration Replaces Controversial ‘Conscience’ Regulation For Health-Care Workers,” The Washington Post, 2/18/11)

• “The Rule Was Sought By Conservative Groups, Which Argued That Workers Were Increasingly Being Fired, Disciplined Or Penalized In Other Ways For Trying To Exercise Their ‘Right Of Conscience.’” (Rob Stein, “Obama Administration Replaces Controversial ‘Conscience’ Regulation For Health-Care Workers,” The Washington Post, 2/18/11)

Pro-Choice Groups Were Against The Bush Rule.  “Women's health advocates, family-planning proponents, abortion rights activists and others had condemned the regulation, saying it created a major obstacle to providing many health services, including abortion, access to the emergency contraception Plan B, birth control pills and other forms of family planning, as well as infertility treatment and possibly a wide range of scientific research. Advocates for end-of-life care also said it could enable doctors, nurses and others to refuse to honor patients' wishes.”  (Rob Stein, “Obama Administration Replaces Controversial ‘Conscience’ Regulation For Health-Care Workers,” The Washington Post, 2/18/11)

Christian Medical Association Says Obama’s New Regulation “Diminishes The Civil Rights That Protect Conscientious Physicians And Other Healthcare Professionals Against Discrimination.”  “Dr. Ries added, ‘The Obama administration's regulatory action today diminishes the civil rights that protect conscientious physicians and other healthcare professionals against discrimination. Any weakening of protections against discrimination against life-affirming healthcare professionals ultimately threatens to severely worsen patient access to health care.’” (Christian Medical Association, “CMA Physicians, Former HHS Asst. Secretary Decry Obama Administration’s Regulatory Action On Conscience And Discrimination,” Press Release, 2/18/11)

SIMILAR TO OBAMA’S HYPOCRITICAL POSITION ON ABORTIONS IN OBAMACARE

Obama Signed An Executive Order Supposedly Preventing Federal Funding Of Abortion.  “President Obama today signed an executive order banning federal funding for abortion, as he had promised to anti-abortion Democrats. … The executive order is intended to ensure that current law limiting federal funding for abortion is maintained and it will extend the restrictions to the newly created health insurance exchanges.”  (Jake Tapper And Huma Khan, “Obama Signs Executive Order On Abortion Today,” ABC News, 3/24/10)

Rep. Debbie Wasserman Schultz (D-FL) On The Executive Order: “Well It Can’t Be Changed By Executive Order Because An Executive Order Can’t Change The Law ...” (FOX News, 3/21/10)

U.S. Conference of Catholic Bishops: “Only A Change In The Law Enacted By Congress, Not An Executive Order, Can Begin To Address This Very Serious Problem In The Legislation…” (Steven Ertelt, “Catholic Bishops Join Pro-Life Groups Against Abortion-Executive Order Idea,” LifeNews.com, 3/21/10)

NRLC Says ObamaCare Is A Pro-Abortion Bill.   “The National Right to Life Committee (NRLC) remains strongly opposed to the Senate-passed health bill (H.R. 3590).  A lawmaker who votes for this bill is voting to require federal agencies to subsidize and administer health plans that will pay for elective abortion, and voting to undermine longstanding pro-life policies in other ways as well.  Pro-life citizens nationwide know that this is a pro-abortion bill.”  (National Right To Life, “Statement By The National Right To Life Committee On Abortion ‘Deal’ On Health Care Legislation,” Press Release, 3/21/10)

• And Obama’s Executive Order “Changes Nothing.” “The executive order promised by President Obama was issued for political effect.  It changes nothing.  It does not correct any of the serious pro-abortion provisions in the bill.  The president cannot amend a bill by issuing an order, and the federal courts will enforce what the law says.”  (National Right To Life, “Statement By The National Right To Life Committee On Abortion ‘Deal’ On Health Care Legislation,” Press Release, 3/21/10)

Funding Of Community Health Centers Under ObamaCare Not Subject To Hyde Amendment Because They Will Not Be Funded By Annual Appropriations Process. “Also, an internal Health and Human Services memo has asserted that a federal regulation would prohibit any CHC from using the new funds, appropriated by H.R. 3590, for abortions. This assertion cannot be relied upon; it rests on a circular argument. The cited regulation is based on the Hyde Amendment, which applies only to funds that flow through the regular annual HHS appropriations bill. But the Senate language quite deliberately creates a new direct-appropriation funding pipeline outside of the annual appropriations process, and therefore untouched by the Hyde Amendment.” (David N. O’Steen, Ph.D,  Executive Director National Right To Life Committee and Douglas Johnson, Legislative Director, National Right To Life Committee, Letter To The Honorable Members Of The U.S. House Of Representatives, 3/19/10)

• “Without The Hyde Amendment, Abortions Not Only May Be Covered, Abortions Must Be Covered.” “CHCs and other federally funded primary health care providers such as migrant, tribal, rural, and public housing health centers are required by law to provide ‘comprehensive’ primary care services. The statutory term ‘comprehensive health care services’ is broad enough to include reproductive health services, family planning services, and gynecology services. And the courts are unanimous in holding that – in the absence of the Hyde Amendment – this statutory term necessarily includes federal funding for elective abortions. Without the Hyde Amendment, abortions not only may be covered, abortions must be covered.”  (Robert A. Destro, Professor Of Law, The Catholic University Of America, Letter To The Honorable Bart Supak, 3/20/10)

ObamaCare Subsidizes Plans That Offer Abortion, Violating Federal Laws That Forbid Use Of Federal Funds For Any “Part Of A Health Benefits Package That Covers Elective Abortions.” “The Senate bill uses federal funds to subsidize health plans that cover abortions. Sec. 1303 limits only the direct use of a federal tax credit specifically to fund abortion coverage; it tries to segregate funds within health plans, to keep federal funds distinct from funds directly used for abortions. But the credits are still used to pay overall premiums for health plans covering elective abortions. This violates the policy of current federal laws on abortion funding, including the Hyde amendment, which forbid use of federal funds for any part of a health benefits package that covers elective abortions. By subsidizing plans that cover abortion, the federal government will expand abortion coverage and make abortions more accessible.”  (Secretariat Of Pro-Life Activities, “Abortion Funding In The Senate Health Care Reform Bill,” United States Conference Of Catholic Bishops, 3/4/10)