As everyone now knows, Senate Majority Leader Harry Reid on Saturday pulled out of his hat at the last minute a 383-page "manager's amendment" to the health care bill, just prior to the Senate voting 60-40 to end debate.
There are plenty of offensive provisions in this amendment but the one that should concern pro-choice advocates is the language 'restricting' use of federal funds for elective abortions.
These changes were made to satisfy holdout-to-the-end Sen. Ben Nelson (D-Neb.), who said he wanted tighter abortion restrictions.
But the specific terms in the amendment actually allow federal subsidies and tax credits to be used to purchase insurance covering abortion procedures. The 'restriction' is this: insurers must collect and set aside a portion of each premium payment from all persons enrolled in the insurance plan in order to create a separate pool of funds for abortion services. The premium payment must come from the insured, not from any federal subsidies or rebates.
From Section 1303, on page 38 of the amendment: ‘‘(B) ESTABLISHMENT OF ALLOCATION ACCOUNTS.—In the case of a plan to which subparagraph (A) applies, the issuer of the plan shall—
(i) collect from each enrollee in the plan (without regard to the enrollee’s age, sex, or family status) a separate payment for .....an amount equal to the actuarial value of the coverage of services described in paragraph (1)(B)(i), and shall deposit all such separate payments into separate allocation accounts
as provided in subparagraph (C).
And so with this hair-splitting distinction (plus a bunch of money for Nebraska), Mr. Reid secured Mr. Nelson's vote. If the language stays intact and becomes law, it will for the first time allow federal funding to secure abortion services for an individual. Without the federal assistance, the individual presumably would not have the insurance plan; and without the insurance plan there is no funding for the abortion services.
This language should cause problems in the House, whose version of the bill applies a more direct prohibition, known as the Stupak Amendment. The provision explicitly prevents any federal monies or assistance from covering any portion of the costs of a health plan that includes abortion services.
Nancy Pelosi had to agree to this amendment just before the final vote on the House version of the health care reform bill, to satisfy a group of conservative Democrats. My guess is that when the arm-twisting is over these same Democrats will for the most part agree to the Senate language.
If the Senate language becomes law, look for Dem leaders and the president to say they kept the "status quo" on abortion restrictions. This would refer to the 33-year old Hyde Amendment, which has formally prevented the use of federal funds for abortion except in the cases of rape, incest, and endangerment to the mother.
But the Senate language is not status quo. It is another step toward direct funding. Just view this video of Health and Human Services Secretary Kathleen Sebelius praising the Senate language and describing it as "an accounting" procedure.
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