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Healthcare Prof:
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Groups both supporting and opposing abortion rights are criticizing a Democratic compromise on abortion coverage that cleared the way for the Senate health reform bill (HR 3590) to advance through its first procedural hurdles over the weekend, the New York Times reports (Pear, New York Times, 12/20). The abortion agreement preceded a 60-40 cloture vote around 1 a.m. Monday to move the bill forward, the first of three cloture votes needed on the way to final approval of the bill (Murray/Montgomery, Washington Post, 12/21). Tuesday morning, the bill cleared the second hurdle on?a 60-39 vote (Whitesides/Smith, Reuters/Washington Post, 12/22).
The abortion concessions were made to appease Sen. Ben Nelson (D-Neb.), an abortion-rights opponent who said he would oppose the bill without more stringent limitations on federal funding of abortion services. Nelson and Senate Democratic leaders reached an agreement that would allow individual states to decide whether to bar insurance plans participating in the exchange in their state from offering abortion coverage. In addition, consumers receiving federal subsidies for insurance coverage who purchase plans covering abortion would be required to write two separate premium checks — one check to cover the bulk of their plan and the second check to cover the cost of abortion services. The compromise would not affect employer-provided insurance coverage, though “it is expected that more people would go into the exchange over time for coverage, broadening the impact of its rules,” according to the Washington Post (MacGillis, Washington Post, 12/22). In addition to the abortion language, the Senate compromise would increase new tax breaks for adoption (Levey/Hook, Chicago Tribune, 12/20). The provision also would provide new services for pregnant teenagers (New York Times, 12/20).
White House deputy chief of staff Jim Messina, Senate Majority Leader Harry Reid (D-Nev.) and Democratic Sens. Barbara Boxer (Calif.) and Charles Schumer (N.Y.) were among those participating in the talks with Nelson (Alonso-Zaldivar, AP/Google News, 12/22). Boxer said, “When you have both extremes saying they’re unhappy, I think it’s a fair compromise,” adding that the deal provides “momentum going into the final conference” (Pear/Herszenhorn, New York Times, 12/22).
Abortion-rights supporters warned that the requirement forcing consumers to write two checks for plans that cover abortion would cause frustration among consumers and lower demand for such plans, eventually leading insurers to omit abortion coverage altogether (Washington Post, 12/22). Cecile Richards, the president of Planned Parenthood Federation of America, said, “We have no choice but to oppose the Senate bill” (New York Times, 12/20). She also said, “The absurdity of requiring these two separate checks doesn’t accomplish anything toward the supposed goal of segregating federal funds” (Washington Post, 12/22).” Terry O’Neill, president of the National Organization for Women, said the Senate bill “amounts to a health insurance bill for half the population and a sweeping antiabortion law for the rest of us.” She called on senators who support abortion rights to reject legislation that includes the compromise (O’Brien, The Hill, 12/19). According to the Times, NARAL Pro-Choice America and the National Women’s Law Center also oppose the compromise (New York Times, 12/20).
The Post reports that the Nelson provision achieved the “rare feat” of “drawing contempt from both sides” (Washington Post, 12/22). Opponents of abortion rights criticized the plan for allowing recipients of federal subsidies to purchase plans that include abortion coverage. Douglas Johnson, legislative affairs director for the National Right to Life Committee, described the language as “so murky that it’s difficult to predict how it would be implemented” (Washington Post, 12/22). The language has not won the support of the U.S. Conference of Catholic Bishops, which backs an amendment to the House bill (HR 3962) by Rep. Bart Stupak (D-Mich.) that would prohibit abortion coverage in public and private health plans that receive federal subsidies (Bogardus, The Hill, 12/19).
Nebraska antiabortion groups also criticized Nelson for agreeing to the compromise. Nebraska Right to Life, a longtime supporter of the senator, said it was “extremely disappointed” in Nelson, while other groups branded him a traitor to the antiabortion-rights cause. However, the chair of the Nebraska’s Democratic Party described Nelson’s decision to support the compromise as “courageous” (Beck, AP/Road Runner, 12/21).
Conference Committee Debates Ahead
The developments over the weekend greatly raise the likelihood that Senate Democrats will pass the bill by their self-imposed Christmas Eve deadline. However, they also complicate the next stage of the legislative process, in which the Senate and House bills will be reconciled in a conference committee. House Democrats who support and oppose abortion rights have expressed opposition to the Senate compromise, though any move to alter the language also could disrupt the delicate balance in the Senate (New York Times, 12/22).
Democratic Reps. Diana DeGette (Colo.) and Louise Slaughter (N.Y.), the leaders of the Congressional Pro-Choice Caucus, said in a joint statement Saturday, “This provision is not only offensive to people who believe in choice, but it is also probably unconstitutional” (The Hill, 12/20). Rep. Lois Capps (D-Calif.), who authored an earlier amendment proposing segregation of funds, said that the new compromise was “far from perfect” but that is superior to the Stupak amendment because it “will allow most middle- and low-income patients to purchase comprehensive health insurance plans” (The Hill, 12/19). Stupak said that it would be “extremely difficult” for him to support a final bill including the Senate language (New York Times, 12/22).
NPR Examines Remaining Obstacles
NPR’s “Morning Edition” on Tuesday reported on the debates that lie ahead as lawmakers seek to reconcile the differences in the House and Senate bills. “Perhaps the most difficult issue to reconcile will be abortion,” according to “Morning Edition.” Although both sides say they “want the bill to reflect the status quo, … finding language that does that — and no more — has proved difficult,” “Morning Edition” reports. Laurie Rubiner, vice president for public policy at PPFA, said, “Who in their right mind would ask somebody to write two checks for their health insurance?” She added, “You wouldn’t ask anybody to do that for any other aspect of their health care. Can you imagine asking somebody to write a separate check for their coverage for diabetes or heart transplant or any other medical procedure? You never would do that” (Rovner, “Morning Edition,” NPR, 12/22).
Editorial Calls for Passage Despite Abortion Concessions
A New York Times editorial says that allowing states to bar plans that cover abortion services from insurance exchanges “amounts to deplorable interferences by state governments into decisions that should be made by a woman and her doctor.” While “implacable Republican opposition to reform and obstruction from a handful of Democrats” have weakened the bill, the editorial adds that the Senate “has a chance this week to get past the bickering and haggling that have robbed it of Americans’ trust and pass a historic piece of legislation” (New York Times, 12/22).
Reprinted with kind permission from http://www.nationalpartnership.org. You can view the entire Daily Women’s Health Policy Report, search the archives, or sign up for email delivery here. The Daily Women’s Health Policy Report is a free service of the National Partnership for Women & Families, published by The Advisory Board Company.
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