Earlier this year when President Obama told the graduates of Notre Dame that the country needed to find “common ground” on abortion, it’s likely he envisioned national reconciliation on an issue that has fiercely divided the country for decades. But when it comes to health care reform, Democrats are hoping to find “common ground” through balky legislation that would extend the reach of the current ban on federal funding for abortion to include all plans that participate in health insurance exchanges.
These provisions, contained in the Senate Finance bill and also in the Capps Amendment passed by the House Energy and Commerce Committee, are designed to be “abortion neutral,” meaning that they don’t restrict or expand abortion rights beyond the status quo. The status quo is as follows: Although Roe vs. Wade ensures access to safe, legal, abortion; since 1976, the Hyde Amendment has banned federal funding for abortion except in the case of rape, incest or threat to the life of the mother. This ban currently applies to Medicaid beneficiaries and also to federal employees and military personnel.
Obama has already said that abortion will not be included in any minimum benefits package mandated by the government. The Senate Finance and House Energy committee reform plans reiterate this provision; but they do allow insurers who choose to offer abortion as a covered service to participate in the exchanges. They just can’t use any federal funds to help pay for these services.