Abortion and the Healthcare System

The debate over abortion and healthcare has become heated after a White House proposal redefining abortion sparks debate over religious freedom and patients' rights.

In continuing coverage from a previous edition of Health and Life Sciences Law Daily, The Washington Post (7/31, A1, Stein) reports in a front-page story, "A Bush administration proposal aimed at protecting healthcare workers who object to abortion and to birth-control methods...has escalated a bitter debate over the balance between religious freedom and patients' rights." The Department of Health and Human Services (HHS) is considering a draft of the proposal "that would deny federal funding to any...entity that does not accommodate employees who want to opt out of participating in care that runs counter to their personal convictions."

Proponents of the regulation "are welcoming the initiative as necessary to safeguard...health workers." But, opponents of the proposal "say the regulation would create overwhelming obstacles for women seeking abortions and birth control." The regulation's critics also expressed concern over the way the draft defines abortion, "as anything that affects a fertilized egg," and the possibility that it "could raise questions about a broad spectrum of scientific research and care."

The Wall Street Journal (7/31, A11, Simon) adds that the proposal's broad abortion definition "treats most birth-control pills and intrauterine devices as abortion because they can work by preventing fertilized eggs from implanting in the uterus. The regulation considers that destroying 'the life of a human being.'" But many medical groups contend that anything that disrupts egg fertilization should be deemed as contraception, not abortion. "The draft regulation...would have no immediate effect on the legality of the pill or the IUD if implemented because abortion is legal." Opponents fear, however, that it "would undercut dozens of state laws designed to promote easy access to these methods of birth control, used by more than 12 million women a year."

In addition, the "proposed federal rule change to redefine pregnancy and abortion would override" some state laws "requiring all hospitals to offer rape victims emergency contraception," Minnesota's Star Tribune (7/30, Marcotty) added. "The rule is still being debated within [HHS], and medical organizations, family planning groups, and women's advocates across the country have been up in arms about it." In Minnesota, "women's health advocates and legislators held a news conference at the State Capitol urging lawmakers to resist attempts to make the proposed rule a reality."