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Pro-lifers should support health reform
It would not encourage abortions, but it would save countless lives, says health law expert TIMOTHY S. JOST
Sunday, March 14, 2010

As a strong believer in the sacredness of human life, and as an educator with 30 years of experience teaching health care law, I have followed the health care reform debate intently. Approximately 45,000 Americans die each year because they are uninsured, and health care costs increase annually for almost all of us. Many in Congress have been working hard to solve this crisis, but now erroneous claims about the issue of abortion -- a matter of tremendous moral concern -- are threatening to derail these efforts.

Both the House and Senate bills include amendments offered by abortion opponents. Now, after months of political maneuvering, the only way comprehensive health reform can move forward is through the House adopting the Senate bill and both houses passing a reconciliation bill. I am intimately familiar with the abortion provisions of both bills, and believe there are no significant differences between them.

The Senate bill, like the House bill, prohibits the use of federal subsidies to pay for abortions except in situations where federal funding of abortion is now permitted under the Medicaid program--cases of rape, incest or physical threat to the life of the mother. Both bills also prohibit the government from requiring insurance companies to cover abortion, and both leave in place all state laws regulating abortion and federal conscience protections for health care providers.

Both bills require individuals who receive federal subsidies and want abortion coverage to pay for it with their own money. Under the House bill, such individuals must purchase a separate supplemental policy using their own private funds. Under the Senate bill, individuals who choose plans with abortion coverage must make a second separate, premium payment themselves to cover the cost of the abortion coverage. No one will have to purchase abortion coverage under the Senate bill, just as under the House bill, and no federal funds will pay for abortions.

The Senate bill creates a new Community Health Center Fund of $7 billion. Some have argued that this money may go toward abortions. However, this money must be spent through the Department of Health and Human Services, which is subject to the Hyde Amendment, which prohibits federal spending on abortion. Last year community health centers provided prenatal, perinatal, and post-natal/post-partum care to 1 of every 8 children born in the United States.

One positive difference worth noting that the Senate bill has with the House bill is that it provides $25 million per year for assisting pregnant and parenting teens and women. These grants offer women who decide not to get an abortion the support they need.

Often lost in the endless debate about abortion is the fact that the Senate bill would cover 30 million uninsured Americans, thousands of whom will otherwise die prematurely every year because they lack health insurance. It would be doubly tragic to deny them the care they need based on a misunderstanding of health care reform's affect on abortion policy. A principled pro-life stand on health care reform must rest on accurate arguments, as well as a deep concern for life at all stages.

Timothy S. Jost is the Robert L. Willett Family professorship of law at the Washington and Lee University School of Law and is co-author of "Health Law," the most widely used casebook on health law in the country (jostt@wlu.edu).
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First published on March 14, 2010 at 12:00 am