Hyde and Shriek

Hyde and Shriek

by digby

It looks like the forced birth childbirth zealots are going to keep the pro-choice groups scrambling from one atrocity to the other in this new offensive in the war against women. Maybe they are counting on sheer exhaustion forcing the choicers surrender unconditionally on Hyde.

Here's the latest:
Pitts' new bill would free hospitals from any abortion requirement under EMTALA, meaning that medical providers who aren't willing to terminate pregnancies wouldn't have to -- nor would they have to facilitate a transfer.

The hospital could literally do nothing at all, pro-choice critics of Pitts' bill say.

"This is really out there," Donna Crane, policy director at NARAL Pro-Choice America told TPM. "I haven't seen this before."

Crane said she's been a pro-choice advocate "for a long time," yet she's never seen anti-abortion bill as brazenly attacking the health of the mother exemption as Pitts' bill has. NARAL has fired up its lobbying machinery and intends to make the emergency abortion language a key part of its fight against the Pitts bill when it goes before subcommittee in the House next week.

Yeah. And guess what will happen? Another reluctant "compromise" on principle by the right wing --- resulting in another chit to be called in if the Democrats in the Senate and the President decide to entertain this bill as a post-partisan reach around.

And I would again point out the use of the "tradition" or "existing law" language by Republicans trying to draw upon President Obama's unfortunate statements about Hyde and the pro-choice groups' huge strategic error during the Stupak battle. Here's Joan McCarter:

Pitts' staff responded to critics by saying that "this bill is only preserving the same rights that medical professionals have had for decades." That's not true, according to the legal experts who've read the language--it exempts anti-choice hospitals or providers from providing potentially life-saving care, or ensuring that the patient receive it. Life-saving care, by the way, which is perfectly and absolutely legal.

Here's the question. There's little doubt that a "compromise" version of this bill will pass the House and everyone seems to think it will die in the Senate. But there's no assurance that it will. If this ends up being seen as merely codifying existing law (after the Republicans generously remove these few little atrocities that seem to have come out of nowhere) can we be sure that it won't reach 60 votes? And furthermore, can we be sure the President will veto such a bipartisan hot potato?

I don't know. But I do know that the President and his spokespeople haven't taken it off the menu and until they do I don't think anyone can be sure.

This is his view on Hyde as of the health care debate:
As you know, I'm pro choice. But I think we also have a tradition of, in this town, historically, of not financing abortions as part of government funded health care. Rather than wade into that issue at this point, I think that it's appropriate for us to figure out how to just deliver on the cost savings, and not get distracted by the abortion debate at this station.
And here's the executive order:
According to White House spokesman Dan Pfeiffer, the executive order will provide "additional safeguards to ensure the status quo is upheld and enforced, and that the health-care legislation's restrictions against the public funding of abortions cannot be circumvented."

The text of the pending executive order follows:

Executive Order ensuring enforcement and implementation of abortion restrictions in the patient protection and affordable care act

By the authority vested in me as President by the Constitution and the laws of the United States of America, including the "Patient Protection and Affordable Care Act" (approved March ­­__, 2010), I hereby order as follows:

Section 1. Policy.
Following the recent passage of the Patient Protection and Affordable Care Act ("the Act"), it is necessary to establish an adequate enforcement mechanism to ensure that Federal funds are not used for abortion services (except in cases of rape or incest, or when the life of the woman would be endangered), consistent with a longstanding Federal statutory restriction that is commonly known as the Hyde Amendment. The purpose of this Executive Order is to establish a comprehensive, government-wide set of policies and procedures to achieve this goal and to make certain that all relevant actors--Federal officials, state officials (including insurance regulators) and health care providers--are aware of their responsibilities, new and old.

The Act maintains current Hyde Amendment restrictions governing abortion policy and extends those restrictions to the newly-created health insurance exchanges. Under the Act, longstanding Federal laws to protect conscience (such as the Church Amendment, 42 U.S.C. §300a-7, and the Weldon Amendment, Pub. L. No. 111-8, §508(d)(1) (2009)) remain intact and new protections prohibit discrimination against health care facilities and health care providers because of an unwillingness to provide, pay for, provide coverage of, or refer for abortions.

Numerous executive agencies have a role in ensuring that these restrictions are enforced, including the Department of Health and Human Services (HHS), the Office of Management and Budget (OMB), and the Office of Personnel Management (OPM).

Section 2. Strict Compliance with Prohibitions on Abortion Funding in Health Insurance Exchanges.
The Act specifically prohibits the use of tax credits and cost-sharing reduction payments to pay for abortion services (except in cases of rape or incest, or when the life of the woman would be endangered) in the health insurance exchanges that will be operational in 2014. The Act also imposes strict payment and accounting requirements to ensure that Federal funds are not used for abortion services in exchange plans (except in cases of rape or incest, or when the life of the woman would be endangered) and requires state health insurance commissioners to ensure that exchange plan funds are segregated by insurance companies in accordance with generally accepted accounting principles, OMB funds management circulars, and accounting guidance provided by the Government Accountability Office.

I hereby direct the Director of OMB and the Secretary of HHS to develop, within 180 days of the date of this Executive Order, a model set of segregation guidelines for state health insurance commissioners to use when determining whether exchange plans are complying with the Act's segregation requirements, established in Section 1303 of the Act, for enrollees receiving Federal financial assistance. The guidelines shall also offer technical information that states should follow to conduct independent regular audits of insurance companies that participate in the health insurance exchanges. In developing these model guidelines, the Director of OMB and the Secretary of HHS shall consult with executive agencies and offices that have relevant expertise in accounting principles, including, but not limited to, the Department of the Treasury, and with the Government Accountability Office. Upon completion of those model guidelines, the Secretary of HHS should promptly initiate a rulemaking to issue regulations, which will have the force of law, to interpret the Act's segregation requirements, and shall provide guidance to state health insurance commissioners on how to comply with the model guidelines.

Section 3. Community Health Center Program.
The Act establishes a new Community Health Center (CHC) Fund within HHS, which provides additional Federal funds for the community health center program. Existing law prohibits these centers from using federal funds to provide abortion services (except in cases of rape or incest, or when the life of the woman would be endangered), as a result of both the Hyde Amendment and longstanding regulations containing the Hyde language. Under the Act, the Hyde language shall apply to the authorization and appropriations of funds for Community Health Centers under section 10503 and all other relevant provisions. I hereby direct the Secretary of HHS to ensure that program administrators and recipients of Federal funds are aware of and comply with the limitations on abortion services imposed on CHCs by existing law. Such actions should include, but are not limited to, updating Grant Policy Statements that accompany CHC grants and issuing new interpretive rules.

Section 4. General Provisions.
(a) Nothing in this Executive Order shall be construed to impair or otherwise affect: (i) authority granted by law or presidential directive to an agency, or the head thereof; or (ii) functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.
(b) This Executive Order shall be implemented consistent with applicable law and subject to the availability of appropriations.
(c) This Executive Order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity against the United States, its departments, agencies, entities, officers, employees or agents, or any other person.

Can we really feel confident that the Senate and the President won't sign a bill that codifies what he's already agreed to do? I honestly don't know why they wouldn't do it, particularly as they go into an election year desperately seeking more of that love they get for bipartisan successes.

Republicans, of course, would end up winning a very long and ugly 35 year battle, but who's counting?