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refusal clause (also known as the Weldon amendment) without any regard for patient rights or protections. Under current law (through the 2004 Weldon amendment), hospitals, health care facilities, and insurance plans can refuse to provide, pay for, provide coverage of, or refer for abortions.  The Weldon amendment has no protections for patients to ensure they have access to care and information in a timely manner.  H.R. 358 codifies this unfair and discriminatory provision.  H.R. 358 further allows health care entities--hospitals, clinics--to refuse to "participate in" abortion care.  This could mean that a hospital employee with no medical training or role in a patient’s treatment decisions could refuse to process bills, handle medical records, or even set up an examination room for a patient seeking abortion care.

And finally, it overrides protections for pregnant women under the Emergency Medical Treatment and Active Labor Act.  EMTALA was enacted in 1986 to ensure public access to emergency services regardless of ability to pay, including women in active labor. Under EMTALA, hospitals must stabilize a pregnant patient who, for example, is facing an emergency obstetric condition or life-threatening pregnancy and either treat her--including an emergency abortion--or if the hospital or staff objects, to transfer her to another facility that will treat her. 

H.R. 358 overturns decades of precedent guaranteeing people access to lifesaving emergency care, including abortion care and says its ok that a pregnant woman fighting for her life be left to die. 

Read it again.  It is that breathtaking.

As Representative Jackie Speier (D-CA) stated during floor debate, had this law been in effect 20 years ago she might not be here, because she was one of those women who needed an emergency abortion to save her life. 

But the real lives of real women don't seem to be of great concern to the predominantly white male Congress.

“This bill is a collection of dangerous ideas that will undermine women’s health,” said Cecile Richards, president of Planned Parenthood Federation of America.  “Most devastating, the bill eliminates protections for patients seeking care in emergency circumstances, and would allow a hospital to deny lifesaving abortion care to a woman, even if a doctor deems it necessary.”

President Obama has said he would veto the bill if it were to reach his desk. "The Administration strongly opposes H.R. 358," said the statement of policy put out by the White House, "because, as previously stated in the Statement of Administration Policy on H.R. 3, the legislation intrudes on women's reproductive freedom and access to health care and unnecessarily restricts the private insurance choices that women and their families have today."

"America’s women and families are counting on the Senate to reject this measure," said Ness of the National Partnership, "and, if necessary, for President Obama to make good on his promise to veto it.”

By Jodi Jacobson | Sourced from RH Reality Check

Posted at October 14, 2011, 7:13 am

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