House Passes Abortion Waiver for Healthcare Providers
By Jeff Johnson
CNSNews.com Congressional Bureau Chief
September 25, 2002

Capitol Hill (CNSNews.com) - The House of Representatives passed legislation Wednesday to protect hospitals, doctors, nurses, insurers, and other "health care entities" from coerced involvement in abortions.

The Abortion Non-Discrimination Act (HR 4691), passed by a vote of 229 to 189, would protect the "conscience rights" of those who choose not to cover, pay for, or otherwise participate in abortions.

Federal law already prohibits government discrimination against "health care entities" for refusing to provide or require abortion training, or refusing to perform or provide referrals for abortions.

But the 1996 law defines a "health care entity" only as "an individual physician, a postgraduate physician training program, and a participant in a program of training in the health professions." Courts have ruled that hospitals and health insurance plans may be forced to provide or pay for abortions.

As a result, some state courts have ordered hospitals to provide abortions, despite their religious affiliation or other morally-based desire not to do so.

For example, the Alaska Supreme Court ordered a private, non-sectarian hospital to perform elective abortions, despite a conscience policy barring the procedures.

The attorney general of New Hampshire blocked a hospital merger when the new management announced it would stop elective abortions. The State of Connecticut denied a needed permit to a planned outpatient surgery center because it refused to perform abortions.

Rep. Diana DeGette (D-Colo.) opposed the Abortion Non-Discrimination Act (ANDA). She called the bill a "gag rule."

"Anti-choice lawmakers are trying, once again, to back-door a bill that restricts women's reproductive choices," she charged. "And this time they're hiding behind the Vatican to do it."

She claimed that religious hospitals are already exempt from providing abortions, and that secular hospitals should not have such a choice.

Pro-abortion groups have tried to pressure hospitals and other health care providers, including some religiously-affiliated institutions, to perform or, at least pay for abortions.

One such pro-abortion campaign, the "Hospital Provider Project," is operated by the Maryland affiliate of the National Abortion [and Reproductive] Rights Action League (NARAL).

"The goal of the Hospital Provider Project," Maryland NARAL's website stated, "is to increase access to abortion services by requiring Maryland hospitals to provide abortion."

Rep. Joe Pitts (R-Pa.) said such targeting by pro-abortion groups points out the need for the legislation.

"It doesn't say, 'suggest,' it doesn't say 'urge,' it doesn't say, 'pressure,' it says, 'require every hospital in the state of Maryland to perform abortions," he noted. "That means every Catholic hospital, every Lutheran hospital, [and] every government hospital. That is what they want.

"What happened to the 'right to choose?'" Pitts asked. "I guess the right of choice only applies if you agree with the pro-abortion lobby's agenda."

The bill passed the House Wednesday afternoon by a vote of 229 to 189. A companion bill (S. 2008) was introduced by Sen. Judd Gregg (R-N.H.) in March 2002. It was sent to the Senate Health, Education, Labor and Pensions Committee, chaired by Sen. Edward Kennedy (D-Mass.). No action has been taken since Kennedy's committee received the bill.



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