Ladies, it’s time to get angry. Men, you can join too. In fact, for this one, we need all the help we can get.
Last week, HHS announced that abortion (except in the case of rape, incest or life endangerment of the mother) would not be covered in the temporary insurance pool established for those with pre-existing conditions. (One thing to note: this option goes away once it becomes illegal to deny people health insurance coverage because of pre-existing conditions and they can enroll in the exchange in 2014).
Some may think, “Isn’t that the compromise that was reached with Stupak, Nelson and friends?” Nope!The health care reform law only applies to programs in the health exchange. Even the Executive Order only speaks to the health exchange and community health centers. This Pre-Existing Condition Insurance Plan (PCIP) is neither.And many interpret the law to say, if it’s not mentioned, it doesn’t count.To clarify the legal why-it-doesn’t-count, I turn to Jessica Arons from the Center for American Progress,
“A common method of legal interpretation posits that when items in a legal document are specifically listed, they exclude any items that are not mentioned unless there is a catch-all statement that says unenumerated items are not excluded. Case in point: the Ninth Amendment says of the Bill of Rights, “The enumeration in the Constitution of certain rights shall not be construed to deny or disparage others retained by the people.” That means the Constitution can be interpreted to contain rights that are not explicitly designated.The Executive Order, on the other hand, contains no such statement indicating that it might cover more than the addressed items, namely the exchanges and the CHCs. In fact, when the Executive Order was signed, it was widely seen as simply reiterating what was already in the PPACA and current law.”Basically, this PCIP does not qualify for the restrictions spelled out by Sen. Nelson and the Executive Order. The Obama administration is going above and beyond restricting abortion access to women because in addition to not covering abortion, private and state money can’t be used to cover abortions (some states cover abortion with their own state funding for Medicaid) within the PCIP. UGH.
This is a very anti-feminist healthcare plan. And what I find most ironic is that Stupak is still being crucified and threatened by the right, even though he dragged the healthcare plan to the right.
And I hate the fact that there will be a long wait for many provisions of Obamacare to go into effect. If SB400 is passed in PA, it would take effect within 32 days and the federal HR 676 would go into effect the beginning of the second calendar year after the passage. This means that if HR 676 passes this year, we could have it in 2012, and Obama could go down as the greatest American in history (the greatest Canadian in history was Tommy Douglas, the father of universal healthcare).
This whole Obamacare screams of economic and gender injustice.