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Oklahoma Moves Planned Parenthood To The Back Of The Line For Funding

The Oklahoma legislature is considering a bill to dictate where Oklahoma prioritizes state and federal funds, which one lawmaker says is designed to cut off funding for Planned Parenthood clinics. Rep. Doug Cox (R), an emergency room physician, said that if Planned Parenthood was not available, many women and children would not be able to receive counseling, cancer screenings, and children’s services.

The bill, HB 2324, would re-prioritize the state’s family planning grants and public funding so that the money went to public entities first then nonpublic and federally qualified health centers. Essentially, the prioritization would put Planned Parenthood at the end of the line for grants and cut off its funding. Cox called the bill a “knee-jerk reaction” to the national debate about Planned Parenthood and abortion that would hurt the women of Oklahoma:

About 70 percent of the women going to Planned Parenthood clinics in Oklahoma receive Medicaid, and the others are low income, he said. They would be unable to receive counseling, cancer tests and children’s services if Planned Parenthood clinics weren’t available. [...]

“I don’t know why we’re confusing abortion with family planning,” Cox said. “I suspect that if it wasn’t for family planning the amount of women contributing to society and the Legislature and the workforce that makes this country great would be far different.

A lot of them would be home barefoot, pregnant and in the kitchen,” Cox said.

“I don’t want to revert to those times. I don’t want to punish Oklahoma women for getting healthier.”

The bill’s sponsor, Rep. Jason Murphey (R), would not say if his bill would prevent Planned Parenthood from receiving state or federal money for family planning or counseling services. But last year, Murphey tried to take $460,000 from a federal nutrition program administered by Planned Parenthood, which serves 9,300 people in Tulsa, Oklahoma. His bill would have redirected the funds to other groups that do not offer abortion referral services.

NEWS FLASH

Health Advocates Upset At Prevention Fund Cuts In Payroll Tax Deal | Congress has passed legislation to “renew a payroll tax cut that benefits 160 million workers, as well as extending benefits to millions of unemployed Americans.” The package will also delay an impending 27 percent cut in Medicare physician payment rates — scheduled to go into effect March 1 — until the end of the year, but will cut $11.6 billion in funding from the Affordable Care Act. $5 billion will come directly from the law’s prevention fund, which was established to finance prevention, wellness and public health activities. The fund was supposed to reach $2 in fiscal years 2015 under current law, but now “won’t hit the $2 billion mark until fiscal 2022, according to the conference report Congress cleared Friday.” Some Democrats and health advocates are unhappy about the maneuver, noting that “sacrificing disease prevention in the name of budget austerity makes no economic sense and diminishes our ability to improve public health.” But Senate Majority Leader Harry Reid (D-NV) is adamant that the fund will replenish over time by design at a “rate of about $2 billion a year in the next few years.” — Fatima Najiy

REPORT: Revisiting The Successes Of The Individual Mandate

Our guest blogger is Emily Oshima, Research Associate/Policy Analyst with the Health Policy team at American Progress.

Despite recent political retractions and legal affronts, the individual mandate was first proposed by conservative economist Stuart Butler in the 1989 Heritage Foundation paper Assuring Affordable Health Care for All Americans. In it, Butler detailed what he called a “National Health System for America,” with the first of four objectives listed as “All Americans should be guaranteed access to affordable health care.” We agree.

In a recently released paper, Neera Tanden, President of the Center for American Progress, and Topher Spiro, Managing Director of Health Policy at the Center, systematically review the evidence for the individual mandate to purchase health care insurance as an “essential pillar” of health care reform. Tanden and Spiro examine both successful and unsuccessful models from U.S. states and abroad to illustrate how critical a mandate is in achieving near universal insurance coverage while maximizing bang for the healthcare buck.

For instance, Switzerland implemented a mandate in 1996 and less than one percent of the population is currently uninsured as a result. The Swiss also spend approximately $2,000 less per person on healthcare than Americans and enjoy the second longest life expectancies in the world. The provision has also succeeded in Massachusetts, where the mandate not only led to a 98 percent coverage rate, but also strengthened employer-based coverage, while decreasing hospital admissions and length of hospital stays.

A less successful example is New Jersey, which prohibited insurers from denying coverage to any individual, regardless of health status, and allowed residents to purchase insurance directly from an insurer, instead of through an employer, in 1993. These reforms were implemented without an individual mandate and attempted to ensure that those with medical needs were not denied critical coverage. But the result was a catastrophe –- older, more costly individuals enrolled in coverage, causing premiums to rise by more than 150 percent in four years. Consequently, enrollment declined sharply – by nearly 50 percent in the same period – leading to lower coverage rates and higher costs for those who needed coverage most due to adverse selection.

Although the mandate is easily the most controversial aspect of health care reform, numerous independent analyses show that it not only will achieve near-universal coverage, but will also:

– Significantly reduce the cost of uncompensated care

Lower premiums in both the direct-purchase market and market for employer-based coverage

Increase the number of small businesses that offer coverage

Increase enrollment in employer-based coverage

Increase the cost-effectiveness of reform

For more on the importance of the mandate, check out the paper.

Virginia Bill Would Halt Medicaid Funding For Abortions Of Fetuses That Have ‘No Chance Of Survival After Delivery’

Virginia Del. Mark Cole (R) is sponsoring a bill that would eliminate Medicaid funding for abortions.

The Virginia General Assembly has already passed a bill that requires women to undergo an extremely invasive ultrasound before having an abortion, and a bill that would give full rights to a fetus has cleared the House of Delegates and is waiting for Senate approval.

Now, legislators are continuing their assault on women’s access to abortion with HB 62, a measure that would prevent Medicaid from covering abortions for low-income women when a doctor finds that the fetus “would be born with a gross and totally incapacitating physical deformity or mental deficiency.” A Senate committee approved the House bill Thursday, sending it to the full chamber. The House already passed the bill.

The bill’s sponsor Del. Mark Cole (R) dismissed criticism that the policy could force the state’s poorest women to give birth to mortally deformed fetuses that have no chance of survival after delivery, arguing that religious people shouldn’t have to fund abortions:

Why should the most vulnerable women in Virginia be forced to carry a doomed pregnancy to term,” Sen. Mamie Locke, D-Hampton, angrily asked Cole.

Cole is backed by advocates from anti-abortion and religious groups including the Virginia Roman Catholic Diocese. He contends that it’s unjust to force people with strong religious or moral objections to the procedure to pay taxes that underwrite publicly funded abortions.

“We’re not going to force the taxpayers, many of them who think it’s immoral … to pay for that abortion,” Cole said. His bill, like current federal policy, would allow public funds in Virginia to pay for abortions only in cases of rape, incest or pregnancies that imperil a woman’s life.

After the House approved the bill, Del. Charniele Herring (D) said that if HB 62 passes the legislature and is signed by Gov. Bob McDonnell (R), then “Virginia will show itself as a state that lacks compassion for the poorest women among us. It is time to stop beating up on the poor and destroying our safety net.” The Virginia Pro-Choice Coalition tried to make the same argument yesterday to the Senate committee. According to the group’s statement, “HB 62 will leave low-income women in Virginia with no options for a pregnancy that has gone tragically wrong.”

Justice

Bush Supreme Court Finalist Calls Anti-Health Reform Lawsuit A ‘Heavy Judicial Lift’

Judge J. Harvie Wilkinson

For nearly three decades, Fourth Circuit Judge J. Harvie Wilkinson has been one of the leading conservative minds on the federal bench. A former law clerk to Supreme Court Justice Lewis Powell, Wilkinson was one President George W. Bush’s five finalists for the Supreme Court seat that eventually went to Chief Justice John Roberts.

Wilkinson is also the author of a new book, Cosmic Constitutional Theory:Why Americans Are Losing Their Inalienable Right to Self-Governance, which leaves little doubt that he would vote to uphold the Affordable Care Act if he had been appointed Chief Justice of the United States. Although Wilkinson’s position as a sitting federal judge precludes him from outright saying how he believes the health care case should be decided, his book expresses tremendous skepticism about the idea that the law can be struck down:

Conservatives . . . may understandably regard the 2010 health care reform bill as a leviathan crammed with unknown mischiefs, but to invalidate it on originalist grounds will require analysis that had best be better than good. The idea that Congress is constitutionally disabled under the commerce power from regulating activity affecting one-sixth of the national economy strikes me as a heavy judicial lift. Any decision that is less than bulletproof will be seen as a purely political undertaking, a revival of Lochner‘s freedom of contract theory in originalist guise.

Better to let the democratic process formulate a superior alternative to this most complex of national problems, something the Supreme Court is particularly ill equipped to do.

Wilkinson is hardly alone with his admirable ability to separate his conservative politics from his ability to faithfully apply the Constitution. Judge Jeffrey Sutton, a former law clerk to conservative Justice Antonin Scalia who spent much of his pre-judicial career looking for ways to undermine federal power, nonetheless wrote an opinion rejecting a challenge to the Affordable Care Act. Judge Laurence Silberman, a leading conservative who received the Presidential Medal of Freedom from George W. Bush, also upheld the ACA because the case against it “cannot find real support . . . in either the text of the Constitution or Supreme Court precedent.”

So Wilkinson is far from alone among conservatives, and his views are likely to be predictive of a least one of the conservative justices the ACA needs to pick off in order to survive the Supreme Court.

Ultimately, though, there is reason to fear that restrained conservatives like Wilkinson are a dying breed. Almost as soon as the Roberts Court majority proved its willingness to cast aside longstanding understandings of the Constitution in cases like Citizens United, conservative lawmakers began testing the waters to see just how much of the Constitution the new majority is willing to ignore. Leading conservative lawmakers have now claimed that everything from Social Security to Medicare to national child labor laws to national education and anti-poverty programs to food safety laws to federal disaster relief all violate the Constitution. If the Supreme Court does the wrong thing in the health care case, and refuses to follow Wilkinson’s advice, these conservatives will only become more emboldened to challenge the foundations of our democracy.

Issa Defends Denying Female Witness At Contraception Hearing: She ‘Wasn’t In Any Way Related’

Issa's all-male birth control panel

House Oversight Committee Chairman Rep. Darrell Issa (R-CA) defended his decision to not allow a women to testify at his hearing on the Obama administration’s new birth control rule yesterday, telling Fox News host Greta Van Susteren last night that the woman’s story wasn’t at all relevant to the hearing.

Democrats had originally planned to have Rev. Barry Lynn, a prominent supporter of the separation of Church and State, testify, but decided that a woman’s voice was needed, as every single other witness was a man. They tried bring in someone who has been personally affected by the issue — Sandra Fluke, a law student at Georgetown, which is affiliated with the Catholic Church and does not insure birth control for students — but Issa refused.

Appearing on Fox News with host Greta Van Susteren last night, Issa defended the decision, saying Fluke was unqualified to speak and that her first hand experience “wasn’t in any way related” to the issue at hand:

ISSA: They then wanted a different witness, a college student, who really didn’t belong on that panel for obvious reasons. [...]

She had a compelling story, a very sad story of a classmate who developed an ovarian cyst that might have been prevented by using contraception in another way, one that by the way, the Catholic bishop and everyone else there said is fully allowed, under their faith. But it was one of those things where her story was compelling, but it wasn’t in any way related to the point of the stated reason for hearing.

Watch it:

Of course, while Issa and other conservatives has tried to claim that the birth control issue is exclusively about religious liberty, it unquestionably about women’s health as well. To silence a women with firsthand experience by claiming her voice is irrelevant is ludicrous and suggests Issa afraid to let the other side tell its story, as most Americans disagree with his position.

Catholic colleges may be okay with using contraception to treat health conditions on paper, but as Fluke’s story suggests, in reality, such a policy can still limit access and endanger women’s health.

The Woman Prevented From Testifying In Favor Of Birth Control Says She’s ‘Stunned’ By GOP’s Rebuke

Sandra Fluke, the woman Republicans prevented from testifying at yesterday’s House Oversight Committee hearing, says she was “stunned” at Chairman Darrel Issa’s (R-CA) decision to keep her from discussing the consequences of limiting women’s access to affordable contraception at a hearing focused on Preside Obama’s birth control requirement. “I was so stunned when Chairman Issa made the decision to not allow me to speak…and to say that I was not an appropriate witness and that those women’s stories were not appropriate for this committee,” Fluke said last night on MSNBC’s The Ed Show. “I cannot think of who would be more appropriate for the committee to hear from than the women who are affected by this policy, whose lives were affected.”

The third-year Georgetown Law student went on to tell the story of her friend who couldn’t afford her birth control — at $100 per month — and was refused insurance coverage for the medication, despite its medical necessity. Shortly thereafter, she developed a massive cyst on her ovary and underwent a surgery that may have jeopardized her abilities to conceive a child:

FLUKE: What ultimately happen is she that had to have that ovary surgically removed. As a result of that, of course she would have problems conceiving a child, but even more, it just hasn’t stopped for her. She since the surgery has experienced symptoms of early menopause and her doctors are very concerned that at the age of 32 she is entering early menopause, which means that there will be nothing any doctor can do to help her to conceive a child and it will also put her at increased risk for cancer, heart disease, and osteoporosis. And that’s where she was this morning when I was attempting to tell her story to the public and to members of Congress, she was at the doctor’s office trying to cope with the symptoms she’s experiencing.

Watch it:

Visit msnbc.com for breaking news, world news, and news about the economy

Read more

Morning CheckUp: February 17, 2012

Religious groups conflate contraception with abortion: “Adding to their passionate opposition to the rule that employees of religiously affiliated institutions must receive insurance coverage for birth control, Roman Catholic bishops and some evangelical groups have asserted that it also requires coverage of some forms of abortion.” [NYT]

Santorum distances himself from ‘aspirin comment’: Speaking to reporters after a speech in Michigan, Santorum said the comment by the main donor behind his “super PAC,” Foster Friess was in “bad taste.” Freiss said yesterday that aspirin used to be an acceptable method for contraception. [AP]

White House pushes tax credit for small businesses: “The White House hopes more small-business owners would take advantage of its expanded $14 billion healthcare tax credit plan outlined in President Barack Obama’s fiscal 2013 budget proposal by better publicizing the incentives and simplifying the application process.” [Modern Healthcare]

Docs frustrated about SGR: “The good news for the nation’s doctors — and the millions of Medicare patients they care for — is that assuming everything goes as planned, the 27.4 percent cut in reimbursements that would have taken effect March 1 won’t. The bad news? The fix included in the deal to extend the payroll tax holiday isn’t permanent. It only extends to the end of the year. And then, if Congress doesn’t act again, the cut it is expected to be will be in the neighborhood of 32 percent.” [NPR]

Medical coding rule postponed: “The Obama administration says it will delay the implementation of a controversial new medical-coding standard known as ICD-10. The Department of Health and Human Services said in a statement it will “initiate a process to postpone the date” by which providers will have to comply with the new medical coding set.” [WSJ]

McDonnell having second thoughts on ultrasound bill? “Virginia Governor McDonnell signaled his intent to sign one of the most despicable bills in the country that would force women to undergo a trans-vaginal ultrasound against her will in order to obtain an abortion. Or in other words, a bill authorizing state-sanctioned rape. But after speaking with Jeff Caldwell, McDonnell’s press secretary, it seems the Governor is not so eager to go on the record with his previously-held position.” [RH Reality Check]

The cost of underage drinking: “An analysis by researchers at the Mayo Clinic estimates hospitalization charges alone for incidents related to underage drinking at $755 million in 2008. That covers an estimated 39,619 admissions for conditions such as alcohol intoxication, withdrawal, abuse and dependence, and alcohol-induced mood problems.” [WSJ]

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