The White House released a statement
Sunday afternoon which included the text of an
executive order related to the funding of abortion in
the health care bill. You can read the full text of
the statement and the executive order below.
STATEMENT FROM COMMUNICATIONS DIRECTOR DAN
PFEIFFER
Today, the President announced that he will be
issuing an executive order after the passage of the
health insurance reform law that will reaffirm its
consistency with longstanding restrictions on the use
of federal funds for abortion.
While the legislation as written maintains current
law, the executive order provides additional
safeguards to ensure that the status quo is upheld and
enforced, and that the health care legislations
restrictions against the public funding of abortions
cannot be circumvented.
The President has said from the start that this
health insurance reform should not be the forum to
upset longstanding precedent. The health care
legislation and this executive order are consistent
with this principle.
The President is grateful for the tireless efforts
of leaders on both sides of this issue to craft a
consensus approach that allows the bill to move
forward.
A text of the pending executive order follows:
Executive Order
- - - -
ensuring enforcement and implementation of abortion
restrictions in the patient protection and affordable
care act
By the authority vested in me as President by the
Constitution and the laws of the United States of
America, including the Patient Protection and
Affordable Care Act (approved March
__, 2010), I hereby order as follows:
Section 1. Policy.
Following the recent passage of the Patient
Protection and Affordable Care Act (the
Act), it is necessary to establish an adequate
enforcement mechanism to ensure that Federal funds are
not used for abortion services (except in cases of
rape or incest, or when the life of the woman would be
endangered), consistent with a longstanding Federal
statutory restriction that is commonly known as the
Hyde Amendment. The purpose of this Executive Order is
to establish a comprehensive, government-wide set of
policies and procedures to achieve this goal and to
make certain that all relevant actorsFederal
officials, state officials (including insurance
regulators) and health care providersare aware
of their responsibilities, new and old.
The Act maintains current Hyde Amendment
restrictions governing abortion policy and extends
those restrictions to the newly-created health
insurance exchanges. Under the Act, longstanding
Federal laws to protect conscience (such as the Church
Amendment, 42 U.S.C. §300a-7, and the Weldon
Amendment, Pub. L. No. 111-8, §508(d)(1) (2009))
remain intact and new protections prohibit
discrimination against health care facilities and
health care providers because of an unwillingness to
provide, pay for, provide coverage of, or refer for
abortions.
Numerous executive agencies have a role in ensuring
that these restrictions are enforced, including the
Department of Health and Human Services (HHS), the
Office of Management and Budget (OMB), and the Office
of Personnel Management (OPM).
Section 2. Strict Compliance with Prohibitions on
Abortion Funding in Health Insurance Exchanges. The
Act specifically prohibits the use of tax credits and
cost-sharing reduction payments to pay for abortion
services (except in cases of rape or incest, or when
the life of the woman would be endangered) in the
health insurance exchanges that will be operational in
2014. The Act also imposes strict payment and
accounting requirements to ensure that Federal funds
are not used for abortion services in exchange plans
(except in cases of rape or incest, or when the life
of the woman would be endangered) and requires state
health insurance commissioners to ensure that exchange
plan funds are segregated by insurance companies in
accordance with generally accepted accounting
principles, OMB funds management circulars, and
accounting guidance provided by the Government
Accountability Office.
I hereby direct the Director of OMB and the
Secretary of HHS to develop, within 180 days of the
date of this Executive Order, a model set of
segregation guidelines for state health insurance
commissioners to use when determining whether exchange
plans are complying with the Acts segregation
requirements, established in Section 1303 of the Act,
for enrollees receiving Federal financial assistance.
The guidelines shall also offer technical information
that states should follow to conduct independent
regular audits of insurance companies that participate
in the health insurance exchanges. In developing these
model guidelines, the Director of OMB and the
Secretary of HHS shall consult with executive agencies
and offices that have relevant expertise in accounting
principles, including, but not limited to, the
Department of the Treasury, and with the Government
Accountability Office. Upon completion of those model
guidelines, the Secretary of HHS should promptly
initiate a rulemaking to issue regulations, which will
have the force of law, to interpret the Acts
segregation requirements, and shall provide guidance
to state health insurance commissioners on how to
comply with the model guidelines.
Section 3. Community Health Center Program.
The Act establishes a new Community Health Center
(CHC) Fund within HHS, which provides additional
Federal funds for the community health center program.
Existing law prohibits these centers from using
federal funds to provide abortion services (except in
cases of rape or incest, or when the life of the woman
would be endangered), as a result of both the Hyde
Amendment and longstanding regulations containing the
Hyde language. Under the Act, the Hyde language shall
apply to the authorization and appropriations of funds
for Community Health Centers under section 10503 and
all other relevant provisions. I hereby direct the
Secretary of HHS to ensure that program administrators
and recipients of Federal funds are aware of and
comply with the limitations on abortion services
imposed on CHCs by existing law. Such actions should
include, but are not limited to, updating Grant Policy
Statements that accompany CHC grants and issuing new
interpretive rules.
Section 4. General Provisions.
(a) Nothing in this Executive Order shall be
construed to impair or otherwise affect: (i) authority
granted by law or presidential directive to an agency,
or the head thereof; or (ii) functions of the Director
of the Office of Management and Budget relating to
budgetary, administrative, or legislative
proposals.
(b) This Executive Order shall be implemented
consistent with applicable law and subject to the
availability of appropriations.
(c) This Executive Order is not intended to, and
does not, create any right or benefit, substantive or
procedural, enforceable at law or in equity against
the United States, its departments, agencies,
entities, officers, employees or agents, or any other
person.
THE WHITE HOUSE,
March 21, 2010