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Romney Proposed Jail For Abortion Providers, Now Says No One Ever Talked About Criminal Sanctions

With each step in this campaign, repeat GOP presidential candidate Mitt Romney walks further away from the principles he once held. Quickly joining climate change, immigration, and health care in the grave on his progressive principles is his pro-choice stance. When he first campaigned for governor of Massachusetts in 2002, Romney promised to “preserve and protect” a woman’s right to choose. That position quickly melted away under the heat of right-wing scrutiny and now, in seeking to garner the religious right vote, Romney is trying to re-brand himself as an anti-choice candidate.

Of course, when a right-wing principle is so new, it’s hard to remember where the right-wing actually stands. Today at a town hall meeting at the University of New Hampshire in Manchester, NH, ThinkProgress’s Brad Johnson asked Romney whether, given his anti-abortion stance, there should be criminal sanctions on doctors or women if abortion should become illegal. Romney shut down the question as irrelevant, stating “I don’t think any political person has talked about criminal sanctions”:

TP: I know that you believe we should repeal Roe vs. Wade and I was wondering if abortion becomes illegal in some states, should there be criminal sanctions against doctors who still perform abortions or for women who get abortions?

ROMNEY:I don’t think anyone’s proposed that, have they? I don’t think any political person has talked about criminal sanctions. I think the right thing for matters relating to abortion is very similar to what I described in other measures which is return this to states. Let the states make their own choice. I’m pro-life and I think this is best handled — like many other things — at the state level.

Watch it courtesy of American Bridge :

It should come as no surprise that Romney seems to have forgotten he himself talked about this issue prior to his first presidential run. “In the case of a doctor, the kinds of penalties would be potentially losing a license or having some other kind of restriction. In the case of partial birth abortion, as I recall, the penalty is a possible prison term not to exceed two years,” he said in 2007.

He also might want to recheck with his GOP colleagues, unless by “nobody” he means several notable figures in the GOP’s presidential field. Just this week, fellow candidate Tim Pawlenty made headlines for dropping his recent statement that there should be no criminal punishment for abortion. Fearing backlash from the GOP base, Pawlenty’s camp quickly reasserted that Pawlenty believes doctors “should be subject to a penalty possibly including a criminal penalty.” Another candidate Newt Gingrich is on the record stating that abortion should be considered a crime and legal punishment should focus “on doctors performing abortions.” Mike Huckabee, a favorite champion of social conservatives, also has said he’d punish doctors paid to provide abortions.

Given how recently he adopted his anti-choice position, it is no surprise that he is not aware how drastic the GOP’s anti-abortion demands actually are. Incidentally, Romney is speaking at the Faith & Freedom Conference here in D.C. tonight. His flip-flops will have to be much more extreme in order to convince the right-wing base that his brand new “principles” are more than convenient politics.

NEWS FLASH

Memo To GOP: Cutting Child Health Programs Will Increase Deficit | A new study from the National Bureau of Economic Research found American children have a much higher illness rate than British children and that the origins of poor adult health can be traced back to childhood. Because this will translate into higher medical costs in the future, David Sirota highlights the Republican’s deficit reduction plans in Congress and many states that cut child health programs, potentially leading to increased deficits and health care costs long term. Cutting kids’ health care is not a deficit reduction strategy. — Sean Savett

Justice

Anti-Abortion Groups Push To Outlaw Contraceptives By Redefining Personhood

A fringe anti-abortion group, Personhood USA, has been startlingly successful at pushing forward legislation across the country that would redefine life as beginning at the moment of fertilization, effectively outlawing contraceptives like birth control pills. Although the medical community has long been in agreement that fertilization does not mark the beginning of a pregnancy — fertilized eggs must first be implanted, and only about half of fertilized eggs actually result in a pregnancy — a growing number of lawmakers are supporting Personhood USA’s efforts to buck medical expertise and legally define life as the moment a sperm meets an egg.

If they succeed in passing such a law — and if such a law survives judicial scrutiny — it could turn common forms of birth control into the legal equivalent of a homicide. While “personhood” laws have always been a transparent attempt to outlaw abortion, the legislation supported by groups like Personhood USA goes much further in trying to assert government control over women’s bodies. These laws would recognize every fertilized egg as an individual and complete human being with full rights, and place millions of women in legal jeopardy. According to 2008 numbers, around 11 million American women use birth control pills and another 2 million use intrauterine devices (IUDs).

Contraceptives like the pill and IUDs not only act to prevent fertilization, but, if fertilization does occur, may prevent that fertilized egg from implanting in a woman’s uterus. Personhood USA considers this tantamount to abortion, and wants to make it a punishable offense for women to control their own fertility. Worse, because the proposed legislation could make any effort to terminate a pregnancy a criminal act, it could also bar doctors from saving the lives of women with ectopic pregnancies, which are never viable and need to be terminated as soon as possible.

Also at risk of prosecution would be the millions of women whose fertilized eggs never begin dividing, never implant, or implant but spontaneously abort. This often happens so early on that the woman never even knows she might have been pregnant.

Keith Mason, the president of Personhood USA, is transparent about his motives, telling NPR, “Certainly women, my wife included, would want to know if the pills they’re taking would kill a unique human individual. And I think there’s a lot of misinformation about that, or lack of information.” Sadly, Mason is not alone. Rachel Maddow reports that this Saturday is the fourth annual Protest the Pill event. Each year the event, put on by another fringe group called American Life League, features slogans like “The pill kills babies,” “The pill kills women,” and “The pill kills marriage.”

The very real risk to women posed by the “redefining life” agenda led Colorado to defeat personhood amendments in 2008 and 2010. But Alabama is one step away from passing this legislation, and voters in Mississippi could vote on a personhood amendment to their state Constitution this November. Personhood USA hopes to get proposals on the ballot in nearly half the states by 2012.

In the landmark privacy case Griswold v. Connecticut, the Supreme Court struck down a Connecticut law that made it illegal for married couples to use contraception. It’s difficult to imagine that the justices would overrule Griswold, but not as difficult as it once was. Justice Thomas’ dissent in Lawrence v. Texas leaves little doubt that he would overrule Griswold if given the chance, and Chief Justice Roberts disparaged Griswold in an article he drafted in 1981, although he claimed to have backed away from that view in his confirmation hearing.

NEWS FLASH

Medical Myth Busting: Will Tort Reform Lower Health Care Costs? | Medical myth buster Aaron Carroll is up with a post on Ezra Klein’s site debunking the myth that tort reform will significantly lower health care spending. Carroll points out that malpractice only makes up about 2.4 percent of national health care spending, while states that have enacted caps on non-economic damages haven’t experienced lower costs.

Gov. Rick Scott May Personally Benefit From New Law That Hands Medicaid Program Over To Private Companies

Florida Gov. Rick Scott (R) signed “a landmark Medicaid overhaul” yesterday that will put “hundreds of thousands of low-income and elderly Floridians into managed-care plans.” The proposal “gives managed care companies more control over the program that’s paid for with federal and state money,” a shift the state GOP claims will “hold down spiraling costs in the $20 billion program.” However, as TP Health editor Igor Volsky pointed out, a five-county pilot program in Florida already revealed that such a plan produces “widespread complaints and little evidence of savings.” Under managed care, states “have to ensure that private payers aren’t looking out for short term profits by denying treatments or reducing reimbursement rates” and — given what occurred during the pilot program — the results “are already less than promising.”

But Scott may have another reason to push a dubious bill into law. As Mother Jones reported, one of the private managed-care companies that stand to gain from the new law is Solantic, “a chain of urgent-care clinics aimed at providing emergency services to walk-in customers. Solantic was founded in 2001 — by none other than Rick Scott:

The Florida governor founded Solantic in 2001, only a few years after he resigned as the CEO of hospital giant Columbia/HCA amid a massive Medicare fraud scandal. In January, according to the Palm Beach Post, he transferred his $62 million stake in Solantic to his wife, Ann Scott, a homemaker involved in various charitable organizations.[...]

“This is a conflict of interest that raises a serious ethical issue,” says Marc Rodwin, a medical ethics professor at Suffolk University Law School in Boston. “The public should be thinking and worrying about this.”

Scott’s office dismissed the conflict of interest concern as “incorrect and baseless.” However, Scott’s history of fraud with entitlement programs (in that case Medicare) should certainly raise a red flag here. And it is not as if Scott is completely clean when it comes to the mix between professional office and personal interest.

Incidentally, Scott also just signed a bill that will require anyone applying for welfare benefits to pay for a drug test to qualify for benefits. They will only recoup that fee if they pass. One company that provides such drug tests? Solantic.

Ensuring That The Health Exchanges Are Not Just An ‘Automated Yellow Pages’

As states begin to establish their own health insurance exchanges, progressive policy wonks are hoping that more governors and state legislators will follow the models established by California and Massachusetts, in which the exchanges are empowered to “selectively contract with carriers, set tougher participation criteria than the federal standards and/or negotiate price discounts in order to effectively serve consumers.” Former Massachusetts exchange head Jon Kingsdale believes that this provision is do or die — not having it “would be like telling your grocery store they have to offer every single kind of bread baked by every single bakery,” he says. “The Exchanges would be nothing more than an automated Yellow Pages.”

But a new report from National Academy of Social Insurance and Georgetown University argues that not all states can implement an active purchasing requirement in the same way. For instance, “exchanges that sit in highly concentrated insurance markets are limited in how selective they can be.” States in which the exchange represents a small part of the commercial market will also have little leverage, as will states with a sicker risk pool. These states won’t be able to actively purchase in the same was as California and Massachusetts, but they can still improve the value of coverage for enrollees, the report finds. For instance:

While an exchange in a concentrated market may have limited leverage to negotiate price discounts, they could work to recruit new market entrants or encourage smaller carriers that may be able to expand market share through an exchange. They can also focus on promoting better consumer decisionmaking and encouraging competition based on value. The exchange could also collaborate with other large purchasers to align purchasing strategies.

It’s an interesting read and one state lawmakers should be looking to and referencing to push back against the insurance industry’s attempts to water down the effectiveness of exchange-based consumer protections.

NEWS FLASH

California To Allow Denial Of Health Insurance Rate Hikes | Yesterday, the California Assembly approved a bill “that would give state regulators the power to reject or modify excessive health insurance premium increases similar to the way auto and homeowner insurance is regulated in California.” Lawmakers approved the measure after “Republican legislators walked off the floor in protest.”

Bachmann Says Pawlenty’s Past Flirtation With Universal Coverage, Mandate ‘Will Concern The Voters’

On Tuesday, ThinkProgress Health reported on Tim Pawlenty’s past flirtation with enacting universal coverage by mandating insurance, expanding Medicaid, and reforming the health care system. During a November 11, 2006 health care forum, Pawlenty — fresh off a close election victory for his second term — said his administration has been “studying very diligently the Massachusetts model about how that would apply to Minnesota” and pledged to “move in stages” toward “universal coverage.” “Everyone should be in a health plan of some sort…but I think as a goal we should start with covering all kids,” he said.

Yesterday, the other potential presidential candidate from Minnesota — Rep. Michele Bachmann (R) — criticized Pawlenty for his 2006 remarks:

I think it will concern the voters,” she told conservative talk show host Laura Ingraham. [...] Bachmann said that it’s important to have candidates who have been consistent on issues like healthcare reform, saying she has been consistent in opposing President Obama’s healthcare law.

“We need to have people who have enough foresight and common sense to know these programs aren’t going to work. I’m that kind of person,” she said.

Pawlenty is certainly not the only GOP primary candidate who is taking heat for supporting the mandate. Mitt Romney, Newt Gingrich, and Jon Huntsman have all advocated that individuals take personal responsibility for their health care costs and are now paying a price with conservative leaders. Yesterday, for instance, both Rudy Giuliani and Sarah Palin criticized Romney for enacting universal health care reform in Massachusetts.

The growing conservative frustration with all of the GOP frontrunners suggests that Pawlenty’s adage is true — “Everyone has some clunkers in their record.” Whether or not conservative voters will stand for them, remains to be seen.

Iowa Risks Losing Billions In Medicaid Funds If State Outlaws Rape, Incest Related Abortions

Every state but South Dakota follows the requirements of the federal Hyde Amendment, which prohibit the federal government from spending federal dollars on abortion services except in cases of rape, incest, or if the life of the mother is in danger. But now, lawmakers in Iowa have resurrected a proposal that “would prohibit low-income Iowans from having a taxpayer-paid abortion in cases of rape or incest” and are tucking the measure “inside what is expected to be a nearly $6 billion budget bill.” If the budget passes with the amendment intact, Medicaid would only pay for abortions when a mother’s life is in danger and the state could risk losing billions in federal Medicaid grants:

The proposal launched in March by House Republicans would remove rape and incest from the list. The Senate, which is narrowly controlled by Democrats, stripped the provision from a budget bill….Civil rights groups have been highly critical of the proposal to prohibit Medicaid money from being used to abort fetuses conceived by rape or incest.

“What are we saying here?” asked Randall Wilson, legal director of the American Civil Liberties Union of Iowa said in March. “We’re saying that if a rich woman is raped, she can get an abortion because she can afford one, but a poor woman will have to bear the child. There’s no social justice in that.”

These moves come just days after a new study found that the national abortion rate has actually decreased by 8 percent between 2000 and 2008, but rose “nearly 18 percent among the country’s poorest women” — the very women who are most impacted by the state’s attack on abortion.

The number of abortion that resulted from rape or incest is also small. Since 2005, state statistics report just “three Medicaid-paid abortions for cases of rape in Iowa. There were no requests for abortions resulting from rape or incest last calendar year.”

NEWS FLASH

Americans Tired Of Abortion Debate | A new poll conducted by Lake Partners, found that 79 percent of “Americans feel Congress has focused too much on abortion and not enough on things like preventive care, reproductive health and expanding access to birth control.” But only four in 10 respondents “said they would be less likely to vote for a member of Congress who votes to defund groups like Planned Parenthood.”

Mitt Romney’s Campaign Website Omits Health Care Reform Accomplishment From Bio

The 695-word biography on Mitt Romney’s campaign website highlights the former governor’s business experience, his success in “salvag[ing] the 2002 Winter Olympic Games from certain disaster,” and stabilizing the state economy. But it doesn’t devote a single word to his greatest accomplishment as governor: enacting comprehensive universal health care reform in Massachusetts.

The glaring omission seems to undermine Romney’s latest effort to honestly address the issue and explain his continued support for the law. As Romney himself pointed out, more than 98 percent of Massachusetts residents now have health care coverage, including 99.8 percent of children — the highest in the nation — and the state is now spending less on uncompensated care.

But Romney — who announced just yesterday that he is officially running for president — has also downplayed his role in enacting what he once referred to as the “ultimate conservative plan,” eschewing health care reform in his CPAC address and changing the second edition of his memoirs to downplay his belief that Massachusetts’ success could be exported to the nation.

This new, somewhat ambivalent tone toward reform contrasts sharply with how Romney characterized the law five years ago, when he presented the measure as a bipartisan accomplishment that could, at least in part, serve as a model for the nation.

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The Morning CheckUp: June 3, 2011

Welcome to The Morning CheckUp, ThinkProgress Health’s 7:00 AM round-up of the latest in health policy and politics. Here is what we’re reading, what are you?

– Rick Scott signs more anti-health reform legislation: On Thursday, Florida Gov. Rick Scott (R) signed “a landmark Medicaid overhaul that calls for shifting hundreds of thousands of low-income and elderly Floridians into managed-care plans” and two other measures that would ban abortion coverage from policies sold through a health-insurance exchange and exempt people from having to purchase health coverage. [Orlando Sentinel]

– Indiana to defy the federal government: Indiana officials “will defy a federal order to continue funding Planned Parenthood and other clinics that offer abortion services.” [National Journal]

– Blue Dogs want to loosen health rules: “Conservative Democrats say the Obama administration is burdening home healthcare providers with overly complicated regulations.” [The Hill]

– House GOP pushes back against the IPAB: The 21 members of the House GOP Doctors Caucus are telling President Obama that ‘budgetary caps’ are “no way to make reforms within Medicare and urged him to turn away from the health reform law’s Independent Payment Advisory Board.” [Inside Health Policy]

– Shoring up federal authority over Medicaid: The Obama administration “is quietly taking steps to reassert and strengthen the federal government’s authority over Medicaid” without completely nationalizing the program. [Suzy Khimm]

– The media and Mediscare: “[T]he media’s mass rush to protect Republicans from political attacks on their Medicare plan is much more of an expression of ideological assumptions than a neutral fact-checking role.” [Jonathan Chait]

– Massachusetts isn’t reducing ER visits: A new study finds that “health care reform in Massachusetts only had a small impact on the number of trips residents took to the emergency room.” [Reuters]

– GOP pushes back on health measures: Republicans “don’t want the government to require school meals that are more nutritional but also more expensive, they don’t want the government to prod food companies to restrain marketing to children, and they don’t want the Food and Drug Administration to regulate any substance based on anything but ‘hard science.’” [Washington Post]

– No more food pyramid: The USDA has replaced the much maligned food pyramid with a plate divided into portions. [NPR Blog Shots]

– Medicaid no longer paying for hospital mistakes: CMS has “issued a final rule designed to end payments for a list of specific health care-acquired conditions, sometimes called ‘never events.’” [Kaiser Health News]

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