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Volume XIV, Number 40 / April 30, 1999
Schumer Effort To Protect Judgments Against Anti-Choice Demonstrators Fails
When the Senate Judiciary Committee marked up its version of bankruptcy reform legislation, Sen. Chuck Schumer (D-NY) offered an amendment that would have made judgments against anti-choice demonstrators non-dischargeable. Sen. Schumer told the committee, "Now that [FACE] is working … some have found a way around it by declaring bankruptcy. They should not be allowed to hide behind bankruptcy. The present situation cries out for this amendment." The amendment was defeated on a 9-9 vote. All the Democrats on the committee and Republican Sen. Arlen Specter (PA) voted for the amendment.
Rep. Jerold Nadler (D-NY) offered a similar amendment to the House version of the bill last week. It too was defeated.
Senate Holds Hearing On Medical Records Privacy
On April 27, the Senate Health, Education, Labor and Pensions Committee (formerly the Health and Human Resources Committee) held a hearing on proposed medical records privacy legislation. Currently three separate bills have been introduced – S. 573/H.R. 1057 (introduced by Sens. Leahy, D-VT and Kennedy, D-MA; and Rep. Edward Markey); S. 578 (introduced by Sens. Jim Jeffords, R-VT and Chris Dodd, D-CT); and another, as yet unnumbered bill, proposed by Sen. Robert Bennett (R-UT)
There is little difference between S. 573 and S. 578. They both aim to tighten restrictions on access to medical records. Sen. Bennett’s bill is much looser than the other two. His bill allows insurers and health plans to deny coverage to patients who "revoke authorization" to view their medial records. His bill also allows "health care operations" to have access to medical records. The definition is so broad that it could allow a health plan or drug company to use patients’ medical data for a wide range of purposes, including marketing, putting confidential information into the public domain.
Ban On So-Called “Partial Birth” Abortions Reappears In The Senate
Sen. Rick Santorum (R-PA) has again introduced the “Partial Birth Abortion Ban Act.” The bill, S. 928, was introduced on April 29th, with 41 co-sponsors. The co-sponsors are: Sens. Spencer Abraham (R-MI), Wayne Allard (R-CO), John Ashcroft (R-MO), Christopher Bond (R-MO), Sam Brownback (R-KS), Jim Bunning (R-TN), Conrad Burns (R-MT), Thad Cochran (R-MS), Larry Craig (R-ID), Michael Crapo (R-ID), Mike DeWine (R-OH), Pete Domenici (R-NM), Michael Enzi (R-WY), Peter Fitzgerald (R-IL), Bill Frist (R-TN), Slade Gorton (R-WA), Phil Gramm (R-TX), Rod Grams (R-MN), Charles Grassley (R-IA), Chuck Hagel (R-NE), Orrin Hatch (R-UT), Jesse Helms (R-NC), Tim Hutchinson (R-AR), James Inhofe (R-OK), Jon Kyl (R-AZ), Trent Lott (R-MS), Richard Lugar (R-IN), Connie Mack (R-FL), John McCain (R-AZ), Mitch McConnell (R-KY), Frank Murkowski (R-AK), Don Nickles (R-OK), Pat Roberts (R-KS), Richard Shelby (R-AL), Jeff Sessions (R-AL), Bob Smith (R-NH), Gordon Smith (R-OR), Craig Thomas (R-WY), Strom Thurmond (R-SC), George Voinovich (R-OH), and John Warner (R-VA).
In the States
Legislative Update
New Language Gives Michigan Ban On So-Called "Partial Birth" Abortions A New Look
On April 27, the "Infant Protection Act," was introduced in the Michigan Senate. It declares that a fetus becomes a "live infant … at any point after any part of the fetus exists outside of the mother’s body [if it] has … a detectable heartbeat, evidence of spontaneous movement [or] evidence of breathing." It also declares "that the United States Supreme Court decisions defining a right to terminate pregnancy do not extend to the killing of a live infant that has begun to emerge from his or her mother’s body."
Doctors found to have violated this law would be subject to up to life imprisonment and up to $50,000 in fines.
In testimony before the Senate Committee on Families, Mental Health and Human Services, Judy Karandjeff, public affairs director of PP Advocates of Michigan, said, "The language in this bill is intentionally vague because some believe that all fetuses are ‘live infants’ from the moment of conception and that all abortion procedures amount to ‘killing.’" They want the language vague so it scares doctors from performing any abortions."
This is the second attempt made by the Michigan legislature to enact a ban on so-called "partial birth" abortions. The law approved in 1996 was declared unconstitutional by the federal district court for the eastern district of Michigan.
Missouri Legislature Persists In Seeking Ways To Defund Planned Parenthood
Family planning funding and the portion that goes to Planned Parenthood is again at the center of the debate on the Missouri health department budget. Opponents of family planning and abortion are attempting to write into law specific restrictions that will make it financially impossible for Planned Parenthood to continue to receive state family planning funds and provide abortion services at the same time. Restrictions proposed for the Health Department budget would require any organization that provides abortion services, but still wants to receive state family planning funds to completely separate the two operations. Physical facilities would have to be separate as would computer and phone systems, employees&RSquo; wages and fundraising activities. The names of the two organizations would have to be different. It also requires that the abortion facility gain no "direct or indirect economic or marketing benefits" from the family planning facility. Annual independent audits would be required to assure compliance with these regulations.
The House-passed version tracks last year’s language exactly. This language would have excluded Planned Parenthood or any affiliate of Planned Parenthood from receiving state family planning funds. This the U.S. Court of Appeals for the 8th Circuit said the state could not do.
For the past six years, Planned Parenthood has been receiving approximately $600,000 a year to provide pregnancy testing, breast and pelvic exams, cancer screening and testing for sexually transmitted infections. There has been a battle every year resulting in court orders declaring that Planned Parenthood not be excluded. Last year the U.S. Court of Appeals for the 8th Circuit ruled that the state could require a separation of operations, but did not specify the extent of the separation that would be legitimate. The court also upheld the ban on direct referral to abortion providers in non-directive options counseling.
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