Press Releases and Correspondence
CMA Criticizes HHS Mandate of Abortifacients and Contraception
August 05, 2011
Bala Cynwyd, PA -- The CMA issued the following statement in response to the August 1, 2011, decision of the Secretary of HHS to implement the recommendations of the Institute of Medicine, effectively mandating that abortifacients, contraceptives, and sterilization be offered and subsidized by all insurance plans and issuers:
The decision of HHS Secretary Kathleen Sebelius constitutes a fundamental assault—on the reproductive health of many girls and women, and on the conscience rights of all Americans, from health-care professionals and institutions to patients and citizens, who will be mandated to provide and pay for abortifacients, contraception, and sterilization.
As the CMA noted in its statement responding to the release of recommendations from the Institute of Medicine, mandating the provision and subsidy of abortifacients, contraception, and sterilization is neither good medicine nor good public policy. Moreover, the CMA warned at the time that such a decision would exacerbate conflicts over ethics and conscience rights. In fact, the manner in which HHS made this decision is guaranteed to significantly undermine rights of conscience and religious freedom for millions of Americans.
In mandating that all health insurance plans must provide and subsidize abortifacients, contraception, and sterilization, HHS adopted a very narrow definition of what counts as a religious employer. The practical effect of this definition is that only a limited set of institutions (such as Catholic parish offices and religious orders) will count as a religious employers, but Catholic schools and hospitals will not. In addition, the new rule will only apply to the group plans issued by this narrow set of institutions. This means that people opposed to purchasing health insurance that subsidizes benefits such as abortifacients will not be allowed to purchase insurance that is consistent with their beliefs. This is an unprecedented assault on conscience rights of individuals and institutions.
The HHS decision will effectively override the conscience protection laws in a number of states, since it imposes its narrow definition of “religious employer” on states that have never adopted it. And it will bring increased pressure on health-care professionals to prescribe and provide abortifacients, contraception, and sterilization even if doing so conflicts with their ethical convictions or professional judgment.
To make matters worse, HHS refused to provide the standard 60-day comment period that should obtain before new federal rules are issued and the standard 30-day waiting period prior to new rule making called for by the Administrative Procedures Act. The primary motivation for HHS seems to be the goal of providing subsidized benefits as soon as possible. HHS did invite comment on its narrow definition of “religious employer.” The CMA will be providing comments in response.
HHS also mandated several other preventive services, ranging from support for breastfeeding to screening for HIV infections and gestational diabetes. Whether all of these services are necessary, and whether government mandates to enforce them are the best way to promote public health, are debatable questions. But the decision to mandate the subsidy and provision of contraception and abortifacients is so fatally flawed that it must not be allowed to stand.
The CMA urges its members to protest this decision by: (1) communicating directly with the Department of Health and Human Services to protest this decision; (2) contacting their elected representatives to protest this decision; (3) supporting H.R. 1179 (and its Senate version, S. 1467), The Respect for Rights of Conscience Act (which will provide comprehensive protection of conscience rights, both for bedside and business issues, and for individuals and institutions); and (4) educate their patients on the issue and urge them also take the steps mentioned above.
Founded in 1932, the Catholic Medical Association is the largest association of Catholic physicians in North America. For more information, go to http://www.cathmed.org.
CONTACT: John Brehany, Ph.D., S.T.L., Executive Director & Ethicist
###
