HELP Committee Dems Block Antiabortion Provisions In Health Reform Markup

Main Category: Abortion
Article Date: 15 Jul 2009 - 6:00 PDT

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The Senate Health, Education, Labor and Pensions Committee on Monday rejected several Republican abortion-related amendments to the committee' health overhaul bill but adopted a Democratic amendment allowing health care providers who oppose abortion to contract with health plans, CQ HealthBeat reports. The committee voted mostly along party lines to reject an amendment by Sen. Orrin Hatch (R-Utah) that would have prohibited abortion coverage in a health care exchange for participants who receive government-subsidized coverage. Democrats said that the language could have been used to restrict abortion coverage in private insurance plans. The amendment failed in an 11-12 vote, with Sen. Bob Casey (D-Pa.) crossing party lines to support it. The committee also voted 11-12 to reject an amendment by Sen. Tom Coburn (R-Okla.) that would have specified that federal health reform legislation could not override state laws on parental notification when minors seek abortion services.

The committee adopted by voice vote an amendment submitted by Sen. Christopher Dodd (D-Conn.) on behalf of committee Chair Edward Kennedy (D-Mass.), who is battling brain cancer. The amendment states that health care providers could not be excluded from contracting with health plans taking part in a health insurance exchange on the basis that the provider performs abortions or refuses to perform abortions except in an emergency if "performing abortions is contrary to the religious or moral beliefs of the provider or entity." Sen. Mike Enzi (R-Wyo.) said that he is concerned the amendment might be unconstitutional because Congress cannot legislate on religious issues. Sen. Kay Hagan (D-N.C.) expressed concern that the phrase "except in emergency" was not more clearly defined. Dodd declined Enzi's request to withdraw the amendment until it could be clarified. The committee rejected Coburn's amendment that was a more sweeping version of "conscience" protections for health care providers with religious or moral objections (Norman [1], CQ HealthBeat, 7/13). Dodd said he expects the committee to complete its work on the bill Tuesday night (Norman [2], CQ HealthBeat, 7/13).

According to NPR's "Morning Edition," abortion is one of the most likely issues to "throw a wrench into the already fragile gears" of health reform legislation. Sen. Chuck Grassley (R-Iowa) said, "I take a view that there's almost anything (that can be compromised) in public affairs except probably the issue of abortion." Nineteen House Democrats recently sent a letter to House Speaker Nancy Pelosi (D-Calif.), saying, "We cannot support any health care reform proposal unless it explicitly excludes abortion from the scope of any government-defined or subsidized health insurance plan."

Democratic pollster Mark Mellman said any new restrictions on abortion coverage in government-subsidized health plans might be unpopular with the public. "Right now most health care plans cover abortion, cover contraception, cover women's reproductive health," Mellman said. He added, "To some extent what they're talking about on Capitol Hill is taking away coverage that people already have. Americans want health care reform. But they will oppose health care reform if it takes away the coverage they now have for things like abortion and contraception." Mellman recently conducted a poll for the National Women's Law Center that found that 75% of respondents would prefer to have an independent commission of medical experts and citizens, rather than lawmakers, decide what should be covered (Rovner, "Morning Edition," NPR, 7/14).

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