WASHINGTON, D.C. – Today Congresswoman Lois Capps (CA-23) wrote to Minority Leader John Boehner to correct his incorrect statements from last week regarding the treatment of abortion services in the common ground Capps Amendment to the America’s Affordable Health Choices Act, H.R. 3200. Capps set the record straight on her amendment’s scope and implication and offered to further explain her amendment to Minority Leader Boehner and his staff if that would be helpful. She also encouraged the Minority Leader to set a better example for his fellow lawmakers and to refrain from embracing inflammatory rhetoric and issuing incorrect statements regarding this issue and the larger issue of health reform.
A copy of the letter follows:
August 11, 2009
The Honorable John Boehner
Minority Leader
H-204 Capitol
Washington, DC 20515
Dear Minority Leader Boehner:
I read with dismay your recent remarks regarding the America’s Affordable Health Choices Act, H.R. 3200, and its treatment of abortion services.
I hope you merely misunderstood and did not intentionally misrepresent my amendment’s impact when you said “it’s going to be pretty clear to me that this will force every provider to have to provide abortions whether they want to or not.” I would like to take this opportunity to correct your inaccurate statements about my amendment to the bill.
The amendment I offered preserves the status quo in abortion policy. Specifically to your point, no doctor or hospital or even insurance plan can be required to participate in providing or covering abortion services. No federal laws are weakened by my amendment regarding conscience protection or refusal to provide or pay for abortions. In fact, the Weldon Amendment, specifically cross-referenced in my amendment, is extended to cover private plans in the Health Exchange - a protection that goes beyond current law.
Under my amendment, no federal funds may be used to pay for abortions that are not allowed by the Hyde Amendment, which, as you know, prohibits federal funding for abortions except in the case of rape, incest, or to protect the life of the woman. The only funds that may be used to pay for other abortion services are private funds from the policyholders’ own premiums, whether the policyholder is covered by a private plan or the public option. I’d like to stress again that public funds are specifically prohibited from being used for abortions that are not allowed by the Hyde Amendment.
In addition, my amendment specifically prohibited abortion coverage as part of the essential benefits package. No one - not the Secretary of Health and Human Services, not the Health Benefits Advisory Committee, and not the Health Choices Commissioner - can make abortion a part of the essential benefits package. Private plans participating in the Health Exchange can choose to provide coverage for abortion or they can choose not to. As you may know, almost 90% of private insurance plans provide such coverage now. The Secretary may choose to allow the public plan to cover abortions not allowed by the Hyde Amendment. However, if the Secretary does allow such coverage those services also must be paid for with private funds. No public funds may be used. Finally, no State laws are affected about abortion coverage, funding, procedural requirements, parental notification or consent.
Having worked on public health issues most of my life I understand the strong beliefs generated by choice issues. Indeed, I am a strong supporter of the right to choose and make no apology for my position. But my amendment was a genuine attempt to find some common ground on an issue that has divided this country for far too long. I have consciously sought to find a middle path on this issue with the hope that we can remain focused on the enormous challenge of reforming our health care system and not be distracted by divisive issues like attempts to re-debate abortion policy.
I understand that ratcheting up the rhetoric on controversial topics might be useful for some to achieve their various goals on health care and/or abortion politics. But I am surprised to find that sentiment emanating from one of the highest offices in the House of Representatives. Such actions do a disservice to all Americans seeking to find common ground on this issue and the larger issue of health reform.
I would be happy to make my staff available to you or your staff to further explain my amendment if that would be helpful. In the meantime, it would be a great service to our country if you would end the false characterizations of my amendment and the underlying legislation.
Sincerely,
LOIS CAPPS
Member of Congress
