White House, HHS restrict abortion coverage in "high-risk pools"

Yesterday, the Obama administration shocked women’s health organizations by announcing it had decided to sharply restrict abortion coverage in the new federally-subsidized “high-risk pool” insurance plans that will be offered to people with pre-existing conditions, such as breast cancer and diabetes. The coverage will only be allowed in cases of rape, incest or danger to the woman’s life, according to a press statement from the Department of Health and Human Services (HHS).

The administration’s decision will mean thousands of women with serious medical conditions will lack coverage for abortions they may need because of risks to their health -- or the health of a developing fetus – from medical complications or treatments such as chemotherapy. These women will not even be permitted to use their own premium dollars to buy this coverage through the new federal and state high-risk pool plans.

Contact the White House and HHS Secretary Kathleen Sebelius NOW to say this decision is unacceptable! Tell the administration that women with pre-existing medical conditions need abortion coverage! 
 
To reach the White House:
Call: (202) 456-1111
Email: public@who.eop.gov
 
To reach the Department of Health and Human Services:
Call: (877) 696-6775
Email: http://www.hhs.gov/feedback.html

But don’t the restrictions on use of federal dollars for abortion coverage apply here?  No. Even though federal dollars are being used to subsidize these new high-risk pool insurance plans, there is no requirement that abortion coverage be restricted. That is because the Hyde Amendment restrictions on use of Labor-HHS appropriations for abortion coverage do not apply to this new appropriation. Moreover, the Nelson amendment abortion restrictions that were included in the health reform law do not apply to the high-risk pool plan section of the law. Jessica Arons of the Center for American Progress has done a blog posting that explains this in careful detail. You can read it here.

What this means is that the administration has voluntarily adopted these new abortion restrictions, going beyond what the health reform law required. The action came after the National Right to Life Organization raised an alarm in a press release over what it believed to be expansive abortion coverage provisions in the Pennsylvania and New Mexico high risk pools. Read more here.

Nancy Northrup, President of the Center for Reproductive Rights, issued a statement today condemning the Obama administration's action: "The White House yesterday went out of its way to propose denying necessary healthcare coverage to the most vulnerable American women. After the hard fought battle over abortion coverage in Congress, the White House proposal only adds insult to injury by imposing restrictions beyond those agreed upon by lawmakers."

The CRR legal analysis, Northrup said, shows that "Contrary to assertions by the White House, there's no current legal basis for the policy. The executive order issued by the President only addressed rules for segregating funds for abortion coverage in the healthcare exchanges and limits on community health centers. the Federal Employee Health Benefit Plan (which was cited by HHS in its announcement yesterday) similarly furnishes no legal basis for exclusions in the high risk pools."

The White House has imposed what amounts to the egregious Stupak abortion ban on the high-risk pool insurance plans. Like the Stupak ban, the new administration decision will bar women with pre-existing conditions from using their own funds to buy abortion coverage through the high-risk pools.

We defeated Stupak in Congress and won’t accept it from HHS! The abortion restrictions in the high-risk pools must be lifted!

--------------------------------------------------------------------------------------------------------------------------------

Below is the entire press release issued by HHS. No actual rule or guidance was issued to elaborate on this statement or provided any clarification.

Statement of HHS Spokeswoman Jenny Backus on the Pre-Existing Condition Insurance Plan Policy 

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.