Biden Administration Defies Rulemaking Process to Help Planned Parenthood

Biden Administration Defies Rulemaking Process to Help Planned Parenthood

The Federalist’s Mollie Hemingway has penned an article documenting how the Biden administration is reportedly helping circumvent the regulatory process to hide abortion surcharges from policyholders. 

Hemingway describes how the new regulatory change is the latest in the transactional relationship between Biden and Planned Parenthood—and why it’s significant:

Less than two weeks after an already abbreviated period of time for the public to review and comment on the proposed regulatory change, Biden’s circulated a draft final rule that violates the clear language of Obamacare in order to benefit Planned Parenthood and other corporate abortion interests. The leaked document, dated August 10 and more than 300 pages long, was then sent to the Office of Management and Budget for final approval, according to multiple sources familiar with the federal rule making process. OMB posted confirmation of receipt August 19, a mere 50 days after the major rule change was first proposed to the public.

“In their rush to finalize the rule, HHS and [Secretary Xavier] Becerra are making a mockery of the rule making process. Their efforts to minimize public input and provide only cursory review shows the rule was predetermined,” said Rachel Morrison, a policy analyst at the Ethics & Public Policy Center who submitted comments opposing the rule.

n order to pass the Patient Protection and Affordable Care Act, known as Obamacare, in 2010 on a mostly party-line vote, Democrats included a provision to placate pro-life members of the party reluctant to vote for it. Section  1303 of the bill requires separate billing for medical procedures that end unborn human lives. Pro-life Democrats said this would ensure no federal funds were spent on abortions. Plan users would write one check for their premium, and another for an abortion rider.

However, the Obama administration ignored the statutory language and made it harder for plan users to know if they were funding abortion by allowing insurers to bury the abortion surcharges deep in plan documents. Before the end of the Trump administration, the regulation governing such payments for abortion was updated to make it compliant with the law as written. Planned Parenthood and then-California Attorney General sued to block the rule. Becerra was rewarded by Biden, who regularly emphasizes his devotion to the Roman Catholic Church, with an appointment as secretary of Health and Human Services.

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