The Health & Human Service’s published ruling entitled “Ensuring that Department of Health and Human Services Funds Do Not Support Coercive or Discriminatory Policies or Practices In Violation of Federal Law” (HHS 45 CFR Part 88) is now open for comment from interested citizens. (I discussed this ruling in two previous posts: Bush Administration: Contraception = Abortion and Bush Administration: Abortion Definition Removed.) This type of ruling is like an executive order; it does not need Congressional approval to become a part of HHS’s operating manual.
In the draft version, abortion was defined in words that clearly included some contraceptive modalities, thus overtly supporting those health care providers who receive federal funds and who wish to deny or dissuade women from birth control. Imagine a rape victim being told she cannot get contraceptive treatment at her local hospital. After the draft version leaked, there was a huge outcry, and the final version eliminated the definition altogether.
Over the years, there have been many legal actions, including Roe v. Wade, that have defined abortion. By purposefully not referring to one or more of those definitions, this ruling implicitly encourages individuals to define abortion on their own, and act or not act according to their consciences. Myriad legal challenges—on both sides—will surely follow.
If you feel strongly about abortion, you have only until September 25, 2008, to enter your comments into the record. Democracy thrives when the people raise their voices.
How to comment (from the Federal Register):
In commenting, please refer to “Provider Conscience Regulation”. Because of staff and resource limitations, we cannot accept comments by facsimile (FAX) transmission.
You may submit comments in one of four ways (no duplicates, please):
1. Electronically. You may submit electronic comments on this regulation to http://www.Regulations.gov or via e-mail to consciencecomment@hhs.gov. To submit electronic comments to http://www.Regulations.gov, go to the Web site and click on the link “Comment or Submission” and enter the keywords “provider conscience”. (Attachments should be in Microsoft Word, WordPerfect, or Excel; however, we prefer Microsoft Word.)
2. By regular mail. You may mail written comments (one original and two copies) to the following address only: Office of Public Health and Science, Department of Health and Human Services, Attention: Brenda Destro, Hubert H. Humphrey Building, 200 Independence Avenue, SW., Room 728E, Washington, DC 20201.
3. By express or overnight mail. You may send written comments (one original and two copies) to the following address only: Office of Public Health and Science, Department of Health and Human Services, Attention: Brenda Destro, Hubert H. Humphrey Building, 200 Independence Avenue, SW., Room 728E, Washington, DC 20201.
4. By hand or courier. If you prefer, you may deliver (by hand or courier) your written comments (one original and two copies) before the close of the comment period to the following address: Room 728E, Hubert H. Humphrey Building, 200 Independence Avenue, SW., Washington, DC 20201. (Because access to the interior of the Hubert H. Humphrey Building is not readily available to persons without Federal Government Identification, commenters are encouraged to leave their comments in the mail drop slots located in the main lobby of the building. A stamp-in clock is available for persons wishing to retain proof of filing by stamping in and retaining and extra copy of the documents being filed.)
Comments mailed to the addresses indicated as appropriate for hand or courier delivery may be delayed and received after the comment period.
Submitting Comments: We welcome comments from the public on all issues set forth in this proposed rule to assist us in fully considering issues and developing policies. For all comments submitted, you should specify the subject as “Provider Conscience Regulation”.
Inspection of Public Comments: All comments received before the close of the comment period are available for viewing by the public, including any personally identifiable or confidential business information that is included in a comment. We post all comments received before the close of the comment period on the following Web site as soon as possible after they have been received:
http://www.Regulations.gov. Click on the link “Comment or Submission” on that Web site to view public comments.
Comments received timely will also be available for public inspection as they are received, generally beginning approximately 3 weeks after publication of a document, at the headquarters of the Department of Health and Human Services, Hubert H. Humphrey Building, 200 Independence Avenue, SW., Washington, DC 20201, Monday through Friday of each week from 8:30 a.m. to 4 p.m.
