Legislation has been introduced in both houses of Congress that would allow health care organizations to refuse to provide abortion services or give information regarding those services. This legislation threatens women's health and safety because it would permit health care institutions to ignore public health laws that require them to provide pregnant women complete information about all of their options, to treat abortion patients whose health is at risk, or to cover abortions in cases of rape or incest.
This dangerous measure, drafted by the U.S. Conference of Catholic Bishops and sponsored by Senator Judd Gregg (R-NH) and Representative Michael Bilirakis (R-FL), is being called the "Abortion Non-Discrimination Act" (S 1397/HR 3664).
This measure is nothing less than a broad and dangerous federal "refusal clause." Sometimes called "conscience clauses," refusal clauses permit a person or entity to refuse to provide abortion or information about abortion services. But laws requiring the provision of abortion services tend to apply only in extreme circumstances, such as when a pregnancy is the result of rape or incest or when a woman's life or health is threatened by a pregnancy. This bill would allow health insurance companies, health plans, hospitals, providers, and others to ignore these laws with impunity.
Take Action! Urge your Senators to Oppose a Federal Refusal Clause.
This Federal Refusal Clause would impede access to necessary health care.
Although the meaning of the bill is not entirely clear, S 1397/HR 3664 could allow hospitals to turn away women who need emergency abortions because they are hemorrhaging, experiencing heart failure, or suffering any one of a host of other grave complications of pregnancy. The bill could permit callous disregard for women's health despite federal and state laws that generally require hospitals to treat patients in medical emergencies.
This Federal Refusal Clause would authorize health care organizations to refuse to provide information about abortion.If a low-income woman asked her Medicaid managed care provider for information about how to end a pregnancy resulting from rape, her provider could refuse to discuss the subject even though federal and state laws entitle Medicaid patients to coverage for abortion in cases of rape.
Institutional claims of "conscience" must not trump an individual's right to health care information and services.
This measure would protect the institutional objections of health plans, insurers, and hospital conglomerates over and above the health care decisions of individual patients. A woman has a right to complete and accurate information about all of her options and access to the option she chooses. Congress should not ignore her rights in its rush to satisfy the demands of the religiously affiliated health care industry.