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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