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Bush Administration Attacks Reproductive Rights And Access To Health Care

September 26, 2008

Over 125 Members ofCongress Send Message to Bush Administration that Proposed New RuleJeopardizes Health Care Services and Information


WASHINGTON – As the Bush Administration continues to take actionchallenging reproductive rights in this country, 126 Members ofCongress joined together in sending a letterlate yesterday to the Department of Health and Human Services (HHS)opposing a proposed rule that would significantly undermine patients'access to vital health services and information. The letter, organizedby U.S. Reps. Diana DeGette (D-CO), Henry A. Waxman (D-CA), LouiseSlaughter (D-NY), and Nita M. Lowey (D-NY), argues that the"ill-conceived and unnecessary proposed rule puts politics and ideologybefore quality health care."

"The Bush Administration continues to pursue its extreme ideology oversound public health care policies," said Rep. DeGette, Vice Chair ofthe Committee on Energy and Commerce and Co-Chair of the CongressionalPro-Choice Caucus. "This is just the latest example in a series ofattempts by this Administration to thwart commonsense health careservices in this country. This proposed rule could have a drasticimpact on the health of the American public."

"The HHS regulations threaten public health because they categoricallyput specific individual beliefs above all other important interests. The Constitution protects the free exercise of religion, but theConstitution also requires appropriate separation of church and state. By prioritizing refusal rights above all other considerations –including patient health - the HHS regulations eviscerate any idea ofbalancing these constitutional obligations," said Rep. Waxman, Chairmanof the House Government Reform and Oversight Committee.

"Eight continuous years of trouncing on women's reproductive rights andplaying politics with science has obviously not been enough for thisAdministration," said Rep. Slaughter, Chairwoman of the House Committeeon Rules. "As its parting gift to women across this country, theAdministration has proposed a sweeping rule that goes beyond a woman'sright to choose, beyond a woman's right to contraception and putseveryone's access to health care at risk. The Administration'sunconscionable actions really show you just how out of touch they arewith women and their families."

"Providing access to contraception is one of the most effective waysthat we can reduce unintended pregnancies and abortion," said Rep.Lowey. "This proposed regulation would give hospitals, HMOs,pharmacies, and doctors a green light to refuse to provide services oreven referrals for basic contraception. This proposal is outrageous,illogical, and counterproductive in our efforts to reduce unintendedpregnancies and abortion."

Title VII of the Civil Rights Act of 1964 already prohibits employersfrom discriminating based on employees' or applicants' religiousbeliefs or practices. The Administration's own Equal EmploymentOpportunity Commission sent HHS comments yesterday calling the proposedrule "unnecessary for protection of employees and applicants,""potentially confusing" to the health care community, and "a burden oncovered employers, particularly small employers."

Members collectively wrote:

"We are writing to strongly object to a rule proposed on August 26,2008 by the Department of Health and Human Services (HHS) that willsignificantly undermine patients' access to vital health services andinformation. The ill-conceived and unnecessary proposed rule putspolitics and ideology before quality health care: It would expand theability of health care providers to withhold treatment, counseling, ormedical information based on their religious or moral beliefs withoutregard for the needs of the patient. The proposed rule broadens thescope and reach of existing federal refusal laws beyond Congressionalintent, while creating confusion and uncertainty about the rights andobligations of patients, doctors, and health care institutions—notmerely in the area of reproductive health but throughout the U.S.health care system. Because the proposed rule is a threat to thehealth care of women, their families, and all Americans, we urge you tohalt all efforts to move it forward."

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