Two Catholic academic institutions
in California have been told by the state government that their health-care
programs must cover abortions. Loyola
Marymount University and Santa Clara University were initially given reprieve
from being forced to pay for abortions as part of their insurance policies;
however, the earlier decision was reversed.
In a letter dated August 22nd,
California’s Department of Managed Health Care (DMHC) concluded that “it
erroneously approved or did not object to such discriminatory language in some
evidence of coverage filings.” “The
purpose of this letter is to remind plans that the Knox-Keene Health Care Service Plan Act of 1975 (Knox-Keene Act) requires the provision
of basic healthcare services,” continued the DMHC letter.” “… [T]he California Constitution prohibits
health plans from discriminating against women who choose to terminate a
pregnancy. Thus, all health plans must
treat maternity services and legal abortion neutrally.”
Before this letter, California
allowed for insurance companies to provide plans to the two Catholic
universities that limited the types of abortions that could be covered. “Insurance coverage for abortion is not
mandated by the federal healthcare law. But
California guarantees abortion, both by statute and by privacy protections, in
the state Constitution,” reported Bob Egelko of the San Francisco Chronicle. “Until the current
controversy arose, insurers in California had treated all abortions sought by
women in their health plans as medically necessary,” Egelko added.
The DMHC position considers all
abortions, regardless of reason, to be “medically necessary” and thus a
procedure that should be covered by insurance companies.
In response to the DMHC letter, the
Life Legal Defense Foundation and the Alliance Defending Freedom (LLDF-ADF) sent
a letter of protest to the change. Sent
to DMHC Director Shelley Rouillard on behalf of the Cardinal Newman Society,
the LLDF-ADF letter argued that requiring the two Catholic universities to
provide coverage for all abortions was contrary to federal law. The two pro-life groups quoted from the Weldon Amendment, which allows federal
funds to be deprived from a state entity that discriminates against a health
plan that limits abortion coverage. “DMHC
cannot deny approval to or otherwise penalize a health insurance plan for
failing to provide coverage of some or all abortions and remain in compliance
with the Weldon Amendment,” read the
letter. “In its failed lawsuit against
the amendment, California admitted that all of its departments are subject to
the amendment due to some of those departments receiving over $40-billion in
federal funds for programs in the areas of education, health, and employment.”
The pro-life groups added that they will
file a complaint with the Health and Human Services Department’s Office of
Civil Rights if DMHC maintains that the universities must pay for abortions.
If I were a betting man [if which I
am not], I’d put my money on California ensuring their $40-billion in federal
funds over insuring guaranteed abortions.
Rev.
Dr. Kenneth L. Beale, Jr.
Chaplain
(Colonel-Ret), U.S. Army
Pastor, Ft. Snelling Memorial Chapel
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