National Review has uncovered a second abortion mandate in Obamacare:
Finalized on March 12, 2012 (and set to go into effect with the 2014 exchanges), the new HHS rule implements Section 1303 of the “Patient Protection and Affordable Care Act.” The new rule imposes mandates on every single enrollee in a qualified health plan that happens to include abortion coverage. In particular, federal law will soon mandate that every single individual enrolled in such a plan make payments to a private fund designated solely to the payment of abortion. This scheme allows Obamacare to get around the controversial issue of government-funded abortions with a new funding source: mandatory private payments by you, the insured.
Here’s how it works. The new rule authorizes issuers to offer abortion coverage as part of their plans in the government-subsidized exchanges. For issuers that voluntarily include abortion coverage as part of their health plans, the new HHS rule mandates the private insurer to compel all enrollees to directly pay a separate abortion premium “without regard to the enrollee’s age, sex or family status.” Not surprisingly, the abortion premium also must be paid without regard to whether the individual has a religious or moral objection to funding other people’s abortions.
The new rule specifies that the abortion premium must be separately itemized on each enrollee’s bill or payroll deduction. The Obama administration’s new rule then directs the issuer to place the abortion premiums into “allocation accounts” to be used “exclusively” to pay for other people’s elective abortion. It’s astounding. It’s also a violation of religious liberty for the reasons set forth in the friend-of-the-court brief that we recently filed to aid the Supreme Court in its review of Obamacare’s individual mandate.
So, if you want to avoid abortion premiums, you can simply pick an abortion-free plan, right? Well, the new HHS rule seems deliberately designed to foil that option. With an audacious snub of the concept of consumer transparency, the HHS rule expressly instructs the issuer to hide the abortion coverage and the mandated separate abortion-premium payment from any advertising or information listings in the state exchanges.
According to the rule: “A [qualified health plan] that provides for coverage of [elective abortion] must provide a notice to enrollees, only . . . at the time of enrollment.” It goes on to provide that the issuer’s advertising in the exchange must provide information “only with respect to the total amount of the combined payments” (without the need to put consumers on notice by breaking out the abortion amount to be billed separately). Thus consumers picking plans will likely have no idea about which ones come with the abortion premium mandate.
Who will end up in these plans? First, many people will accidentally walk into the rule’s trap and buy a policy under which the federal government will force them to make monthly abortion-premium payments — something they would not do if the government mandated transparency (or at least permitted transparency!) about the abortion-premium mandates. Second, many people will end up in these plans if it is the plan chosen by their employers. Third, many people may be forced to select these plans if available alternatives do not have the coverage or doctor networks their families need.
One way or another, millions of Americans will soon find themselves in plans that require these separate abortion payments as a matter of federal law.
HT: Leroy Huizenga