After 'forcible rape,' another abortion restriction (No guarantee of public access to ER)

[kpete]

After 'forcible rape,' another abortion restriction
By Jonathan Capehart

Oh, good grief. No sooner have I celebrated the Republican retreat on the gambit to make "forcible rape" -- whatever that meant -- one of the few exceptions for federal funding of abortions than a new, more dastardly threat to women's right to choose arises.

Under the guise of protecting hospitals, medical clinics and health workers from discrimination because they refuse to perform abortions, H.R. 358 would let them do so without fear of penalty. The "nondiscrimination on abortion" provision is part of the nine-page Protect Life Act, an amendment to last year's health-care law introduced by seven-term Rep. Joe Pitts (R-Pa.) on Jan. 20. In a copy of the manager's amendment I obtained from a source, the odious term "forcible rape" no longer appears. But here's the problem: If enacted this bill would trump the 25-year-old law that guarantees public access to emergency care, including abortions.

In 1986, Congress enacted the Emergency Medical Treatment & Labor Act (EMTALA) to ensure public access to emergency services regardless of ability to pay. Section 1867 of the Social Security Act imposes specific obligations on Medicare-participating hospitals that offer emergency services to provide a medical screening examination (MSE) when a request is made for examination or treatment for an emergency medical condition (EMC), including active labor, regardless of an individual's ability to pay. Hospitals are then required to provide stabilizing treatment for patients with EMCs. If a hospital is unable to stabilize a patient within its capability, or if the patient requests, an appropriate transfer should be implemented.

Since 1986, a patient with an emergency medical condition who goes to a hospital participating in Medicare must be treated. Such stabilizing treatment could include abortion care for pregnant women. If the hospital can't provide the requested treatment it must refer the patient to a hospital or medical facility that does.

http://voices.washingtonpost.com/postpartisan/2011/02/from_forcible_rape_to_nondiscr.html