I think this confusion, or difference of opinion in what is at stake here arises from (another) another poorly written article.
I'll try to summerize the issue based on the article and some other info.
1. The issue is providing abortion services.
2. The issue is only about Hospitals that are Medicaid (and Medicare) providers.
3. The focus is on Catholic hospitals who are medicaid providers.
OK, then we have the info about a Catholic hospital that provided an abortion to a patient whose life was in danger. This is against Catholic principals and the hospital administrator was fired from her job and kicked out of the Catholic church.
I'm saying current law required that church to perform the abortion service. to conclude otherwise means the Sister, acting under NO requirement of the law, decided contrary to Catholic policy to perform an abortion anyway. If so, the story is about a rogue Catholic hospital administrator and has nothing to do with current law and the article is so flawed it should be dismissed in it's entirety.
Why would I say the catholic hospital is required to perform the abortions if it wants to continue providing Medicaid services?
The article mentions the Hyde Amendment, but without any details or explanations (again, crappy article). here's info on the Hyde Amendment:
Read more at
http://www.prochoice.org/about_abortion/facts/public_funding.html
Medicaid requirement(s) according to the article:
If the hospital wants to be a medicaid service provider it must provide the abortion service, in accordance with Hyde, under emergency situations as required by Medicaid. Thus we have the example of Sister Margaret McBride. The hospitals' other option is to cease being a Medicaid provider.
I have some personal experience with this (being a Medicaid provider etc.). I was part owner of a durable medical goods company. Durable medical goods are tangible medical products not including drugs and include things like wheelchairs, crutches, oxygen, bandages, slings etc.
Let's look at motorized wheelchairs for my example. If you're a medicaid provider you must follow all their rules, including pricing. I noticed that medicaid would allow us to charge $800 for a motorized wheelchair (WC) when our costs was $1,200. We're losing money. I told the manager we will stop selling WC to Medicaid patients. I was told "NO". If we stop that we will lose our status as a Medicaid service provider and we sell to many too many other products to Medicaid patients at a profit so "no" we don't want to that.
Accordingly, I assume, and I think fairly so, that if a full service Catholic hospital refuses to provide an abortion service as authorized under Hyde and mandated by Medicaid policy the hospital faces losing it's status as a Medicaid provider.
This is why I characterize this as a situation where we either permit Catholic hospitals to refuse emergency abortions or lose them as Medicaid providers.
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The referral aspect seems a secondary issue to me. Abortions as allowed by Hyde permit them in cases of rape or incest. However, those are not "emergency" abortions. (Emergencies are required under Medicaid policy). Accordingly, I believe the Catholic hospitals are merely required to provide referrals in such non-emergency situations. As you point out, this is likely offensive to Catholics so this bill's provision would release them from this non-emergency requirement.
Fern