Is Tax-Payer Funded Abortion Prohibited by H.R. 3962?

On October 29, 2009, the House of Representatives introduced H.R. 3962, Affordable Health Care for America Act. This is the reconciled bill between the competing bills introduced in the House over the summer, including H.R. 3200. Supporters of H.R. 3962 claim that there is a provision that states tax-payer funded abortions will not be allowed according to the bill, so I thought I’d take a closer look to verify their claim. All references to sections are to H.R. 3962 unless otherwise noted.

Section 222 defines what the “Essential Benefits Package” is meant to include. All plans eligible for the Health Insurance Exchange need to meet these minimum services. Unlike H.R. 3200, there is no language H.R. 3962 regarding options for family planning.

Section 321 establishes a Public Health Insurance Option. The public health insurance option is prohibited from providing abortion coverage “for which the expenditure of Federal funds appropriated for the Department of Health and Human Services is not permitted, based on the law as in effect as of the date that is 6 months before the beginning of the plan year involved” [Sec. 222(e)(4)(A)]. However, the public option is allowed to provide abortion coverage “for which the expenditure of Federal funds appropriated for the Department of Health and Human Services is permitted, based on the law as in effect as of the date that is 6 months before the beginning of the plan year involved” [Sec. 222(e)(4)(B)].

In an effort to defend their claim that there will be no tax-payer funded abortion provision in the bill, proponents of the bill state that the restrictions placed on abortion by the Hyde amendment would fall under this definition and thus prevent the public health insurance option from funding abortions. This defense is misleading and doesn’t stand up to scrutiny.

Firstly, the Hyde amendment only prevents tax-payer funded abortions specifically through Medicaid and appropriations for the Department of Health and Human Services. It does not address the other potential funding sources for the public health insurance option, such as income tax surcharges and employer penalties for not providing health insurance.

Secondly, the Hyde amendment needs to be renewed every year; so if it is not renewed, then during the next plan year, tax-payer funded abortions can be a part of the public health insurance option.

Finally, this prohibition in H.R. 3962 is placed only on the essential benefits package and does not apply to enhanced or premium benefits packages; thus the public health insurance option can, in fact, provide for tax-payer funding abortions.

For a detailed description of how the Hyde amendment may not apply in this situation, go to the Susan B. Anthony List’s special website called Stop Hyding. Please note that although their website refers to H.R. 3200, the logic and the law are applicable to H.R. 3962 as well.

Aside from the funding issues, as of the time of this writing the only abortion coverage prohibited to the Department of Health and Human Services is partial-birth abortion, which is banned by Federal law. However, if the law changes to allow partial-birth abortions, e.g. if the Freedom of Choice Act is passed as President Obama promised during his 2008 presidential campaign, then tax-payer funded abortions through the public health insurance option would include even these types of abortions.

Do you think it’s right that your tax dollars go to ending human life in the womb? And what about your health insurance provider? Will they be forced to pay for abortions if they morally object to the practice? Will you end up paying for abortions because your premium payments into the health insurance are then used to pay for an abortion that someone else chooses?

H.R. 3962 includes a subsection entitled “Abortion Coverage Prohibited as Part of Minimum Benefits Package” [Sec. 222(e)]. This section prohibits the Secretary of Health and Human Services, the Health Benefits Advisory Committee, or the Health Choices Commissioner to mandate that abortion be covered in the essentials benefits package of a qualified health benefits plan [Sec. 222(e)(1)]. The caveat is that the abortion services are described in Sec. 222(e)(4)(A) and (B) which describe abortion coverage for the public health insurance option. As discussed above, the only type of abortion currently banned is partial-birth abortion and the only funding restriction is based on Medicaid payments.

Thus the Health and Human Services Secretary, the Health Benefits Advisory Committee, or the Health Choices Commissioner can, in fact, mandate that your health insurance provider cover abortions in the essential benefits package.

If you don’t want to pay for abortions your tax dollars, it is imperative you contact your representative in Congress today! It is scheduled for a vote by the full House of Representatives later this week. For information on how to contact your representative, see the National Right to Life’s webpage by clicking here.

The VA’s “Your Life, Your Choices” Document

In all the hullabaloo regarding H.R. 3200 over the summer, one document that was regarded as an example of how the government would treat end-of-life decisions was the Veterans Affairs’ document Your Life, Your Choices: Planning for Future Medical Decisions.

I had previously written on the LCMS World Relief and Human Care website that this document uses derogatory terms such as “vegetable” when describing a patient. Another problem that I saw was that the document asks the patient to evaluate his life based on what he can or cannot do rather than the inherent value of human life as bestowed upon him by our Creator and through the sacrifice of our Savior, Jesus Christ.

In H.R. 3200, the advance care planning consultations were mandatory. Enough people made their voices heard and in the current bill in front of the House of Representatives, H.R. 3962, this section has been made voluntary and optional.

But the concerns still remain and the VA’s document is still a good example of what a government document on advance directives and end-of-life decisions would look like. The VA has removed the document from their website and you can no longer obtain it on-line from them. But you can still download it from my blog by clicking here.

Pro-life Moments on Desperate Housewives

Okay, it’s confession time. When I was younger, I used to watch Dynasty with my mom. Eventually, my sister and I got into watching Flamingo Road. Now, ever since I got married, I watch Desperate Housewives with my wife. As always, the man is blaming the woman (a la Adam, see Genesis 3:12).

What was amazing to me, however, was discovering two pro-life gems in the last few weeks on Desperate Housewives, a show filled with stories of lying, cheating, adultery, murder – yes, sin of every kind.

The first scene is about one of the characters contemplating abortion. Although the word “abortion” was never used, you pretty much knew what they were talking about, and the “choice” she was considering.

The second one has to do with  marriage, and what one husband sees as one of his primary roles within that relationship.

I took the liberty of reproducing the scripts from the two episodes below. Many thanks to abc.go.com where I could watch the scenes repeatedly to get the exact wording from the shows. Enjoy! And keep your eyes open for little pro-life gems in the midst of everyday life.

From Episode 602: Lynette, working mother of four children, is pregnant with twins.  Lynette has been torn between her new position at work and her pre-born babies.  She is not sure if she wants to “keep” the babies;  she cried out to her husband, “I don’t love these babies!” in a previous episode. As we follow the story this week, her friend Susan’s daughter, Julie, was attacked and is in a coma in the hospital. Lynette blurts out that Julie may be pregnant so they won’t perform any harmful x-rays on her, and Susan wants to know how Lynette knows that Julie may be pregnant:

Lynette: I hear Julie opened her eyes; that’s great!

Susan: Yes, yes it is.

L: I’m sorry you’re mad at me.

S: I’m not mad. I just can’t understand why she went to you instead of me.

L: That day that Julie found me crying…the reason she opened up to me was because I told her…and no one else can know about this…that I’m pregnant.

S: You are…that’s amazing! Wait, why were you crying?

L: Oh, let’s see, I’m in my 40’s, my husband is back in school, I’m the sole bread-winner, I don’t know how I’m going to do this whole baby thing again, and also because…

S: What?

L: Because I can’t quiet that one voice in my mind that keeps saying, “Maybe I shouldn’t.”

S: Oh, honey.

L: Yeah.

S: Lynette, uh, you can do whatever you think it is you need to do.

L: (Sadly) Yeah, I know.  Lucky me.

S: It’s weird, everybody talks about a kid being a gift. It’s the only gift where you puke for nine months before you receive it and then scream the day it arrives.

L: (Chuckles) That’s true.

S: But they are a gift, Lynette. I know that because I’ve spent the last few hours thinking that I was going to lose mine. I realized that I would trade everything I own, I would give everything that I ever will have, for just one more day as Julie’s mom…but I’m not telling you what you should do.

L: Actually you are. And I’m glad you did.

If you are facing an unplanned pregnancy and don’t know what to do, please call the Option Line at 800.395.HELP (800.395.4357) or visit their website at www.optionline.org. If you have had an abortion in the past and are experience strong negative emotions associated with that decision, please also call the Option Line or visit their website for more information. They are there for you.

From Episode 605: Lynette fires a handyman (Roy) who told her she emasculates her husband, Tom, because she is always the one making all the decisions in their family. She is upset that Roy is judgmental of the leadership role she assumes in the marriage. Tom sees Roy on the porch across the street and goes to speak with him.

Tom:  Hey Roy, can I talk to you?

Ryan: Sure thing, pally. (Tosses Tom a beer.) Here, take a load off.

R: If it’s about me getting into it with your wife, though, I have to stop you first and say, “I’m sorry.”

T: Well, thanks.

R: I mean, I know times have changed, but a man’s still a man; and you deserve to have your wife respect you.

T: She respects me plenty, Roy. (Roy looks skeptical.)

T: Here’s the thing you gotta understand about Lynette. She grew up without her dad. Her mom was a drinker. So she had to be responsible for everyone.

R: Yeah, well, that’s rough.

T: Yeah..it left her with this constant fear that everything could suddenly fall apart. And that’s why she needs to control everything. Of course she can’t…nobody can…but she can control me…if I let her…so I do…because it makes her feel safe.  And that is my job as her husband…to make her feel safe.

R: You’re a good man, Scavo.

T: I try. Now I have a hamburger to fetch.

If you’d like to read more about biblical manhood and biblical womanhood, click here to go to the Council on Biblical Manhood & Womanhood.

Chicago Bubble Zone Law

On September 29, the Chicago city council passed a new law that severely restricts the ability to conduct sidewalk counseling and peaceful prayer vigils outside of abortion clinics.  You can read about the “bubble zone” law from WGN by clicking here.

Basically, within a 50-foot zone around the entrance of an abortion clinic, you cannot “come within 8 feet of another person to pass out fliers, display signs, vocally protest, educate or counsel without consent.”

But all is not lost. The ordinance can still be vetoed by Chicago Mayor Richard M. Daley.  His office has installed an automated answering system to tally the votes from the public on the ordinance. If you live in the Chicago area (or even if you don’t–I’ve been told they are taking phone calls from everyone), you can call the mayor’s office at 312.744.3300; press “1” to let the system know that you want to comment on the bubble zone law; and press “2” to register your vote against it.

For more information about the bubble zone law go to the Pro-Life Action League website by clicking here.

New Report on Pregnancy Resource Centers

Check out this new report on pregnancy resource centers called A Passion to Serve (click here to see report). The report was spearheaded by the Family Research Council in cooperation with the National Institute of Family & Life Advocates, CareNet, Life International, and Heartbeat International.

It provides a beautiful picture of the many hours that volunteers in the PRCs give to serve women and their children around the country. You can download a PDF version of the report. Better yet, purchase copies of the report to spread the word about the important work that these groups in our communities perform every day.

Why is this so important? Due to the success of campaigns like Live Action, Planned Parenthood clinics (the largest abortion provider in the US) have been denied city and state funding in various parts of the country. Click here to read a recent article about Tennessee denying funding to Planned Parenthood.

Now the pro-abortion groups are trying to use similar strategy to discredit PRCs. Click here to see a sample flier advertising one such contest. Click here to see the Feminist Majority Foundation’s plan to “expose” pregnancy resource centers as “fakes”.

Maybe it’s just me, but…if the issue were truly about “choice” why are the “pro-choice” (abortion) groups up in arms about informing women of all the choices available to them during an unplanned pregnancy?  Let’s help women find real choices by funding caring pregnancy resource centers that help women throughout their pregnancy and, very often, after birth, rather than push them to a single option solution to their crisis – abortion clinics where the only outcome is a dead baby and a wounded woman.