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Abortion and Key Provisions of the Patient Protection and Affordable Care Act (PPACA) by Thomas C. Berg*

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Abortion and Key Provisions of the Patient Protection and Affordable Care Act (PPACA)

Thomas C. Berg*

The effect of the Patient Protection and Affordable Care Act (PPACA) on abortion has been the subject of much controversy, and pro-life members of Congress who voted for PPACA have received strong criticism as well as strong praise.  This memorandum has three purposes.  First, it provides a brief reminder that PPACA contains many provisions reflecting pro-life values and having pro-life effects.  Second, it assesses the two major criticisms of PPACA concerning abortion raised by the U.S. Conference of Catholic Bishops (USCCB).  Although the USCCB has been the most detailed and thoughtful critic of the statute on abortion-related matters, this memorandum concludes that there are convincing answers to the USCCB’s criticisms and thus it was eminently reasonable for pro-life legislators to support PPACA. 

Finally, the memorandum concludes that it also makes perfect sense for a pro-life legislator to support further efforts to clarify restrictions on abortion funding and protections of religious conscience in the context of a stand-alone bill.  Unlike the context of the PPACA vote, enactment of stand-alone clarifications will not destroy health-reform legislation and its many positive pro-life features and effects.  But support for such further clarification should in no way be seized on as an admission that PPACA’s provisions against abortion funding were inadequate. 

Last Updated on Monday, 12 July 2010 13:58 Read more...
 


 

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OBAMA ADMINISTRATION REITERATES THAT NO FEDERAL FUNDS WILL BE USED FOR ABORTION

Contrary to Claims by Republican-controlled Groups, High Risk Pools Will Not Pay for Abortion . . .

July 15, 2010 - Following the announcement that Pennsylvania will receive $160 million to ensure that people with pre-existing conditions are able to get health insurance under the new health care law, the National Right to Life Committee and others accused President Obama of allowing public funds to be used for abortion.  The Administration quickly responded to inquiries from Democrats for Life of America and pro-life Democratic Congressional leaders to make clear that this will not be the case.

HHS Spokeswoman Jenny Backus stated, " As is the case with FEHB plans currently, and with the Affordable Care Act and the President's related Executive Order more generally, in Pennsylvania and in all other states abortions will not be covered in the Pre-existing Condition Insurance Plan (PCIP) except in the cases of rape or incest, or where the life of the woman would be endangered.

Our policy is the same for both state and federally-run PCIP programs. We will reiterate this policy in guidance to those running the Pre-existing Condition Insurance Plan at both the state and federal levels. The contracts to operate the Pre-existing Condition Insurance Plan include a requirement to follow all federal laws and guidance."

The State of Pennsylvania is one of the first states to be awarded funds to set up a high-risk insurance pool.  The pool will ensure that individuals with pre-existing conditions or other conditions that preclude them from accessing health insurance and lifesaving care are able to get covered.

Pennsylvania has one of the most restrictive policies on abortion funding and has been a leader on providing support for pregnant women through their Real Alternatives program. 

Under current law, state-funded health plans may not pay for abortions beyond Hyde restrictions (those other than cases of rape, incest or a threat to the life of the mother).  Any organization receiving state funds may not provide or refer for abortion.  Additionally, neither state nor federal funds can used for abortion and public facilities may not provide abortion services unless they meet the Hyde restrictions. 

DFLA appreciates the leadership of our pro-life Democrats in Congress who are able to work closely with the Administration to ensure that no public funds will be used for abortion and that the intent of the Executive Order will be adhered to. While Republicans continue to mischaracterize aspects of the health reform bill, we will work to ensure the law provides affordable and accessible health care for millions of Americans while upholding the longstanding ban on public funding of abortion.

 
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