For a collection of all readings, see sidebar on right side of page.
Page 118. Section 1303: Special Rules. Abortion. Section (A)(i) states the insurance companies are not required to provide abortion coverage and it is up to the insurance company to determine whether it should be covered. However, this is contradicted somewhat by a section discussed later in this post.
Section (B) (page 119) states abortion services are not covered by federal funding based on the law that is in effect six months before "the beginning of the plan year involved." Current federal law provides federal funds for abortion only in cases of rape, incest, or danger to the mother's life. The loophole here is "based on the law". It does not say it won't pay for abortions, just what the law was six months before the plan's year. So.... Congress could carve out exceptions to or erase the Hyde amendment and suddenly, abortions would be covered by federal funds in the health care reform bill if Conress was so inclined.
Section (C) prohibits "federal funds for abortion services in community health option." Section states the Secretary "may not determine" the community health insurance option covers abortion services. If a state requires abortion coverage in its community health insurance programs, it has to ensure no federal funds are used to pay for abortion services.
Section (D) is weird. It mandates that in each health insurance exchange, at least one plan shall offer abortion coverage and at least one plan won't offer abortion coverage. Keep in mind the exchange is funded by the federal government so the bill states the government shall offer an exchange and then mandates at least one plan will provide abortion coverage and one plan will not do so.
Page 123 provides more details on what type of funding is banned: Can't use tax credits (used to reduce premiums of insured. See section 1412) under the IRS code, or cost-sharing reduction. However, it doesn't say anything about subsidies for health insurance plans that do offer abortion coverage.
Page 125. Section b: Application of State and Federal Laws Regarding Abortion. "ABORTION.—Nothing in this Act shall be construed to preempt or otherwise have any effect on State laws regarding the prohibition of (or requirement of) coverage, funding, or procedural require- ments on abortions, including parental notification or consent for the performance of an abortion on a minor." In other words, the health care bill leaves alone state laws already pertaining to coverage of abortion services by insurance companies or abortions involving minors (including parental notification.).
Section (2)(A) also states the bill has no effect on federal laws concerning conscientious objections to performing abortions by health care workers.
Did you get all that? Very convoluted. Doesn't come out and say abortion is covered or not covered, just states its based on "federal law" whatever that is at the time. The law states in the titles no federal funds are to be used for abortion services. Then it states no tax credits can be used but says nothing about subsidies (Unless the subsidies are somehow considered to be the tax credits). However, it does mandate each area shall offer one plan providing abortion coverage. I don't think we've heard the last of this one.
Copy of Bill
Thursday, April 15, 2010
Today's reading of the Health Care Bill
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2 comments:
Maybe its just me, but doesn't the "community option" described earlier in the bill sound a lot like a public option?
Reading bills is such a chore and that's the reason 6:47. You get into both legal definitions and definitions spelled out in the bill. So, there's much translation needed.
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