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Trump administration says it will withhold $200 million in California Medicaid funding over abortion insurance requirement

newsz by newsz
December 17, 2020
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Trump administration says it will withhold $200 million in California Medicaid funding over abortion insurance requirement
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“We’re taking enforcement motion towards the state of California for imposing common abortion protection mandates on medical health insurance within the state,” Azar mentioned. “Now we have knowledgeable California that this coverage clearly violates federal conscience legal guidelines, however the state refuses to repair the problem and comply.”

California Gov. Gavin Newsom, a Democrat, accused the Trump administration of seeking to “threaten Californians’ well being simply to attain low-cost political factors — and through a worldwide pandemic,” vowing to “proceed to face up for reproductive well being and push again towards this excessive presidential overreach.”

Azar added that his division would search to proceed to withhold $200 million for every extra quarter that the state doesn’t comply — although it’s unclear how, as Azar will likely be in his present position for lower than a month of 2021 and President-elect Joe Biden’s administration seems unlikely to pursue a continuation of the coverage.

On the similar occasion, Principal Deputy Affiliate Legal professional Basic Claire McCusker Murray introduced that earlier Wednesday, the Justice Division’s Civil Rights Division sued the College of Vermont Medical Heart after the agency concluded that a nurse had been compelled to participate in an abortion on the middle regardless of her objections.

CNN has reached out to the College of Vermont Medical Heart for remark. The medical middle has contended prior to now that the nurse’s allegations are inaccurate and that it was prepared to work with HHS’ Workplace for Civil Rights (OCR) on additional supporting workers’ non secular rights in addition to sufferers’ authorized rights.

The 2 measures re-affirm the administration’s continued concentrate on well being care suppliers’ non secular and ethical objections to controversial well being care procedures, resembling abortion, beneath President Donald Trump. The division created a Conscience and Non secular Freedom Division in January 2018.

In 2019, the company issued a so-called conscience rule, permitting well being care employees who cite ethical or non secular causes to choose out of offering sure medical procedures, resembling abortion, sterilization and assisted suicide. Reproductive rights advocates argued that the rule would harm these within the LGBTQ group. They feared a spiritual liberty argument could be used to justify endangering sufferers, and a federal decide in New York blocked the rule last year from going into impact.

When requested in regards to the timing of the California motion given the outgoing administration, HHS Workplace of Civil Rights Director Roger Severino mentioned on a press name Wednesday that “conscience rights aren’t up for partisan debate. It shouldn’t matter who’s president. It shouldn’t matter who’s the director of the workplace for civil rights, whether or not it is me or any person else — the legal guidelines that Congress has handed on a bipartisan foundation should be enforced.”

The OCR has gone head-to-head with California Legal professional Basic Xavier Becerra — Biden’s decide for incoming Well being and Human Providers secretary — over California’s abortion insurance coverage protection for a while. Becerra’s workplace mentioned Wednesday afternoon that it had not “acquired something official from HHS on this matter.”
OCR found in January that California’s requirement that state-regulated well being plans cowl abortions discriminated “towards well being care plans and issuers that did, or would in any other case, restrict or exclude abortion protection of their plan merchandise.” The division deemed {that a} violation of the Weldon Amendment, which bars federal funding to any program or state authorities that “topics any institutional or particular person well being care entity to discrimination on the idea that the well being care entity doesn’t present, pay for, present protection of, or refer for abortions.”
Becerra responded with a letter in February asserting that in 2016, OCR has discovered that the “Weldon Modification’s protections lengthen solely to well being care entities” and that California had granted an exemption in 2015 to the one well being care entity that sought one. “Given this truth, as OCR itself has acknowledged, California has not subjected any well being care entity to conduct restricted beneath the Weldon Modification,” Becerra wrote on the time.

When requested by CNN about Becerra’s protection, Severino mentioned that the California non secular teams who took difficulty with the abortion requirement “are the actual victims harm right here, and it is as much as the state to repair it.”

“No matter methodology they select to handle the problems raised by the complainants there, we’re not going to dictate them for them what’s the exact methodology to ensure that individuals who need abortion-free protection beneath the legislation and get an abortion-free protection beneath the legislation,” he mentioned.

Severino didn’t deal with CNN’s query in regards to the timing of slicing $200 million in Medicaid funding within the midst of the worsening coronavirus pandemic.

Sara Rosenbaum, a professor of well being legislation and coverage at George Washington College who labored for former President Invoice Clinton, mentioned that in mild of the dwindling Trump presidency, “politically, virtually, it is an empty menace, however legally it is an actual menace.”

“If you’re beginning up a complete model new company, standing up complete divisions, they’re strolling right into a deluge of points,” she mentioned of the Biden administration encountering the California coverage, including that “it might be justifiable to hunt (court docket) safety in order that nothing can occur. As a result of turning the wheels and turning off the wheels and reversing course inside an company is a sophisticated factor procedurally and legally to do.”



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