The Capps Amendment is No Compromise

by Mary Harned on October 6, 2009

This week, the Senate Finance Committee is expected to report (vote) out of Committee Chairman Baucus’ version of health care reform.  Like the other four Committees (three in the House and one in the Senate) that have reported out health care reform bills, the Senate Finance Committee failed to include in the legislation language that would adequately prevent federal funding and coverage of abortion.

Recent intelligence from the Hill indicates that a purported “compromise” on abortion funding and coverage in health care reform is in the works.  Rumor has it that the template for the language will be Rep. Lois Capps’ (D-CA) amendment that was added to the House version of the bill (H.R. 3200) during the Energy and Commerce Committee mark-up.

In response to the backlash against her amendment, Rep. Capps sent a letter to Speaker Pelosi, arguing that her amendment “was carefully written to preserve the status quo regarding the ban on federal funding for abortion services.”  In reality, the Capps Amendment, and the similar language in the Senate Finance Committee Bill, is a radical departure from the status quo.  Here are Rep. Capps’ arguments in support of her amendment, followed by AULA’s responses.

Rep. Capps:  “The Capps compromise applies the current Hyde amendment to health care reform.  It prohibits federal funding for abortion beyond the cases of rape, incest or life of the woman.  If a health plan chooses to offer abortion coverage beyond these exceptions, it cannot use federal funds to do so.”

AULA:  This statement is inaccurate.  Hyde does not apply since reform would be funded outside of HHS (to which Hyde applies).  Nor, is anything like Hyde part of the Capps Amendment.  While the Hyde Amendment prevents any federal funds from paying for elective abortions through Medicaid, the Capps Amendment explicitly allows the Secretary of HHS to require funding for elective abortions in the public option.  Furthermore, the Capps Amendment permits government subsidies to go to private health care plans that cover elective abortion.  While participating health care plans are supposed to “provide assurances” that no federal funds are used directly to pay for abortions, that does not change the fact that federal dollars are going to plans that cover elective abortions. 

Rep. Capps:  “[N]o money from the Treasury will be directed to abortion services . . . [because] money is transmitted to a private contractor who then reimburses physicians. . . .”

AULA:  The fact that the U.S. Treasury will transmit funds to private contractors, who then pay physicians (i.e. abortionists), does not magically transform the money from federal money to private money!  Furthermore, as previously stated, a private plan’s “assurances” that they are not using federal subsidies to pay for abortions is not enough – no private plans that cover abortions should receive federal subsidies.  Contrast this with current law under the Hyde Amendment.  Under the Hyde Amendment, the Federal Employees Health Benefits Program (FEHBP) cannot include any plans that cover elective abortion.  In other words, no federal subsidies go to health care plans that include abortion coverage.  That is the status quo –the federal government does not subsidize elective abortion coverage.

Rep. Capps:  “[I]n 17 states Medicaid provides coverage for abortions beyond the Hyde exceptions.” 

AULA:  The truth is that under the current version of the Hyde Amendment to Medicaid, states MAY NOT use federal funds or their matching funds to pay for abortions.  If states want to pay for elective abortions, they must use their own revenues that are completely separate from the Medicaid program.  In other words, states must appropriate additional funds, not Medicaid-matching funds, to pay for abortions. In the same way, any states that wish to pay for elective abortions for women who qualify for subsidized health care under the health reform bills may choose to set up their own programs – nothing is stopping them.  However, in order for health care reform to remain consistent with the status quo, no federal dollars can go to insurance plans that cover abortion.

Rep. Capps:  “[T]here is also a requirement in my amendment that in each region, there must be at least one health plan available that does not cover abortion services.”

AULA:  Rep. Capps fails to mention that there is also a requirement that every region include at least one health plan that covers elective abortion.  In other words, under her amendment, for the first time, the Federal government will ensure that there is a private insurance plan within everyone’s reach that covers abortion. 

Rep. Capps closes the letter stating that she “worked with great diligence to craft a common ground solution.”  However, there is no “common ground” in the “status quo” on federal funding and coverage of abortion.  Today, elective abortion is not covered or funded under federal law.  Make no mistake — the Capps amendment will change the status quo to embrace federal funding and coverage of abortion.

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St Michael Society » Sorting Through The AM Buzz on the Stupak Vote
November 8, 2009 at 9:17 am

{ 187 comments… read them below or add one }

Margaret Maloney October 29, 2009 at 7:40 pm

I don’t want my tax money spent to support abortion.

Dan Rangel October 29, 2009 at 7:51 pm

It’s not a private family issue, it is a crime to kill your new born.

tkkat October 29, 2009 at 8:16 pm

this government is teaching its people to have no responsibility and accountability to their own acts such as “just have casual sex ” and the government will take care of its consequence including pregnancy ‘coz they’re ready to murder the baby, thanks to its tax-paying people. it totally lost its morals and virtues. it is a God-less government.

Phillip G Michel October 29, 2009 at 9:34 pm

Yes to life from the beginning to the natural end.
No to convinience and yes to LOVE.
No money of mine to kill innocent babies!

kathy October 29, 2009 at 9:46 pm

No abortion in the Health Care Bill.

George Kriley October 29, 2009 at 10:11 pm

Vote for the Supak Ammendment! No to the Capps Ammendment. Abortion is murder plain and simple… I do not want one cent of my taxes spent on abortions. Remember that each one of us will have to answer for our actions on earth, and I’m pretty sure God will not take politics as an exception.

Londa Picard October 29, 2009 at 10:56 pm

We the people of the United States should not pay for abortions. Please say no!!!

Lindsey October 30, 2009 at 12:00 am

Whether religious or not, abortion is WRONG!!! A LIFE has been created, against all odds. How can someone have the right to terminate a child’s life? Think of all the experiences which are being taken from that individual before they have a chance to thrive! It is beyond my capacity to understand how our society can condone such murder. I will lose all respect for this country if I am forced to pay for the murder of an innocent life.

HeatherLee Finn October 30, 2009 at 1:19 am

Sadly, many people find it “easier” to abort a precious life than to act maturely, plan ahead, take responsibility for their actions….later only to find that they have done something that will burn their soul for life and possibly eternity.
Is there anyone in your life you would rather be without the burdon of? Society rightly wouldn’t permit offing them…so what is different about the innocent precious baby yet to be named or take it’s first breath…absolutely nothing. They are human just the same and deserve the same protections! God bless those who stand up for the innocent defenseless unborn!

Barbara Grim October 30, 2009 at 8:07 am

The Capps amendent is NOT enough.
Please vote for the Stupak amendement. It is not fair to spend any of my tax money killing babies.

Michelle Paulus October 30, 2009 at 9:11 am

Please refuse to pass any law that will permit public money paying for abortions. Our most basic rights are “Life, Liberty, and the Pursuit of Happiness”, all of which are violated by abortion. It is murder, pure and simple. The proposed legislation also removes the right of health care providers to refuse to participate in abortions. That is an outrage!!!

Linda Garber October 30, 2009 at 10:07 am

As a representative of the people, YOU work for us…. vote NO on any bill or form of health care reform that uses my tax dollars to fund abortion. When are you “guys” going to listen to the American people, you may find yourselves out of a job soon!

Kristine October 30, 2009 at 2:43 pm

We are responsible for this, the Christian churches are responsible for this. For the “silence” of not wanting to face the fact that there is infantcide happening and the horror of it. Our responsibility is to be ACTIVE in our faith and to EXERCISE our faith. Hello! Wake up!!!Lets get to the root and yank it out, if you are Christian stand up in your church and preach the truth, VOTE PRO-LIFE! Even in the church you will be in a war for standing up and preaching the truth of life. Where else would the adversary be other than in the churches silencing the truth of life. Blessed are you though for standing up for the truth and doing something about it!- St. Joan of Arc, pray for us.

Val October 30, 2009 at 3:15 pm

How could you force us to pay abortion, when it is a moral wrong. I dont want to fund abortions, I would be happy to fund birthcontrol, iud, condoms, etc. There’s “your right to choose”!

John Crimmins October 30, 2009 at 3:39 pm

Please replace the Capps amendment with the Stupaks amendment. There can be no funding for abortion in the finalized health care reform bill. Thank You

Eugene Southard October 30, 2009 at 7:21 pm

No federal funding for abortions.

Lloyd Newman October 30, 2009 at 7:57 pm

My wife was adopted. If abortion had been as prevalent at her birth, she would more than likely not be here. Don’t use my tax dollars on any abortion. Instead let’s fundamentally change this country and fire everyone in Washington. We can then elect representatives of the people and not a party.

Kathy Dowell October 30, 2009 at 9:46 pm

Please do not compromise! Say no!!

Pat Taylor October 31, 2009 at 6:31 am

I am a faithful voter! I will not vote for anyone who supports the use of my tax dollars to fund abortion in any way!!

Petra Bonello October 31, 2009 at 9:55 am

Abortion is wrong..it is killing..acting responsibely in a relationship is a better alternative.

Sr. Lillian Manning October 31, 2009 at 10:30 am

Please refuse to pass any bill or health care reform that will pay for abortions.
We must repect life from conception to natural death.

olga October 31, 2009 at 1:50 pm

YES to life. NO to abortiion.

MaryLouise October 31, 2009 at 3:17 pm

Just No Abortions folks!!!!!!!!!!!!

AUSTIN, TEXAS

Elizabeth Head October 31, 2009 at 8:04 pm

Here in Austin Tx, we have learned, as many of us were unaware, like myself, that our property taxes go toward paying for abortions. Proof “the devil is in the details

Connie Dooley November 1, 2009 at 12:34 pm

Please do not use any of my tax dollars to support abortion. Let’s have respect for all life from conception to natural death. Life isn’t a choice it is a gGod given right!

Connie Dooley November 1, 2009 at 12:36 pm

Please do not use my tax dollars to support abortion. Life is not a choice. It is a God given right. Let us have respect for all life from conception to natural death.

S Farmer November 1, 2009 at 1:31 pm

Quit trying to deceive the American people and protect the unborn, who like animals that are abused, and killed, can not speak for themselves .

Put into law real protection for the unborn and protection for those of us who do not want to pay for killings of such innocent lives.

Cynthia Mayle November 1, 2009 at 8:38 pm

My Tax dollars should not be used to pay for abortions/ I don’t believe in killing a life that God created. NO abortion in the health care bill!!!! Vote NO abortion in the health care bill

SCOTT KELSO November 1, 2009 at 8:42 pm

Please vote for the Stupak admendment. I can not standby and allow my tax dollars to pay for murdering children, I will never vote for someone who allows my money to be so spent.

Rosemary November 2, 2009 at 12:47 am

No funding for abortion under any bill, “compromise” or other plan !

Mary Paoli November 2, 2009 at 10:10 am

No funding for abortion.
I watch voting records to decide who I vote for- I can not vote for anyone who does not protect all life.
I want no part in murder.

Cheryl Hudson November 2, 2009 at 6:46 pm

If taxpayers are forced to pay for this procedure it will become this nation’s most popular form of birth control. Why bother with pills, condoms or shots when the government will pay for your “little” mistake. To have this included in “health care” reform would be a mistake.

Esther Gallagher November 3, 2009 at 3:53 pm

I have been a voter for many years! I will continue to not vote for anyone who supports the use of my tax dollars to fund abortion in any way shape or form-FINAL!!

Chris T. Nuno November 4, 2009 at 8:05 pm

The Health Care bill is nothing more but the takeover of the health care system by the US government. The inclusion of an abortion mandate is further evidence of its failing.

Sincerely

Chris T. Nuno

peter b November 5, 2009 at 3:11 am

We will not stand for baby-killing!!! From conception to natural death is the way God intended life to be!!!

peter b November 5, 2009 at 3:17 am

Lets end all baby-killing forever!!!

Debie Simone November 9, 2009 at 3:30 pm

I have lived and have seen the pain and suffering due to the “choice of abortion on demand” life should never be a choice for our unborn children, it should always be a yes to life, I would give my life to have my child’s life restored and remove my selfish reasonings for choosing abortion…

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