Archive for Medicaid
This is an opinion piece from American Life League’s Judy Brown
( I have included some links to stories reported on in this blog)
Monday February 15, 2010 at 1:40 pm EST by Judie Brown
Just to get things straight from the get go, this commentary is about a documented record of fraud and abuse. Planned Parenthood is clearly operating according to its own set of laws whereby states can be overcharged, teens can abort without parental consent or notice and rapists can go about their business, never to be reported to the authorities. It has become more than obvious that whether the human being is a preborn child or a 13-year-old child, Planned Parenthood’s bottomline is obfuscation.
This is not a recent phenomenon. Planned Parenthood has been drenched in scandal for years, but nobody ever admits it or gets to first base when attempting to prosecute them. A little historical perspective proves my point.
Mark Crutcher of Life Dynamics spent months preparing an exhaustive report on the questionable activities Planned Parenthood pursues. He also created a special web site for the express purpose of exposing the deceit. At ChildPredators.com, you can listen to taped conversations involving Planned Parenthood counselors. There is a well-documented report of his findings online as well. The response to the tapes and the report, which became public in early 2002, was silence from most legislators and the vast majority of the media.
At the same time, Kansas Attorney General Phil Kline began investigating Planned Parenthood. Kline won his courtroom battle over the right to examine medical records for dozens of abortions in his state. He said at the time that the documents appeared to have concealed cases of child rape, illegal late-term abortion, rape by force or fear, incest, child sexual abuse and other crimes. Kline found, for example, that in 2003 alone, 78 girls under the age of 15 had received abortions in the state and, by law, that amounted to sexual child abuse since a person under 16 cannot legally consent to sex.
As Kline continued to persist, so did Planned Parenthood. And in 2006, Kline was defeated after being in the fiercest political race of his life. He may have lost his elected position, but Kline was not deterred.
Kline moved on and became Johnson County (Kansas) district attorney. At that point, Kline filed 107 criminal charges against Comprehensive Health of Planned Parenthood of Kansas and Mid Missouri based on evidence he had amassed. In describing the situation just prior to the convening of the grand jury in 2007, writer Brian Burch minced no words:
Ask attorneys who have spent any meaningful time litigating against Planned Parenthood and they will tell you three things (i) Planned Parenthood will claim in court that it respects the rule of law and the constitutional rights of pro-lifers; (ii) Planned Parenthood, through their actions, has no respect whatsoever for the rule of law or the constitutional rights of pro-lifers, and (iii) Planned Parenthood will boldly make any argument, no matter how absurd or lawless, to win at any cost when their business of aborting unborn children and compliance with the law is under justifiable scrutiny.
The case, however, went nowhere. Why? Because, in 2008, Kline was defeated in a primary, and as Katherine Jean Lopez queried aloud in her column, “What’s the matter with Kansas?” Not a single attorney or lawmaker would take up the case and it died — much like the preborn children who die in Planned Parenthood facilities.
As events were unraveling in Kansas, a young woman by the name of Lila Rose was beginning her studies at UCLA. She founded the pro-life group, Live Action, and in May of 2007, exploded on the scene with the first undercover video exposé on Planned Parenthood.
Lila released her first investigation of Planned Parenthood, the nation’s largest abortion provider, posing undercover in two Los Angeles Planned Parenthood clinics as a 15-year-old girl impregnated by her 23-year-old boyfriend. Neither clinic reported the clear case of sexual abuse, and one counselor coached Lila to lie about her age so the clinic would not have to report the incident. After the recordings garnered national media attention, Planned Parenthood threatened to sue Lila, but soon backed down as media pressure mounted.
Lila has since launched several successful undercover investigations exposing racism and statutory rape cover-up at Planned Parenthood. Her brave work has revealed new evidence to build a strong case against the abortion industry and lobby. ( For more on Racism and abortion watch the film: Maafa21 )
Fast forward to this past week, and another of Lila Rose’s adventures.
In the latest in a series of crack downs, Planned Parenthood in Birmingham, Alabama, has been put on year-long probation for violating state parental consent laws.
The nation’s largest abortion chain continues to receive $349 million a year in tax dollars.
( STORY HERE) and (Here)
The action comes after the investigative work of student-run LiveAction revealed that Planned Parenthood had been performing abortions without parental consent. Alerted, state investigators inspected clinic records and found that teenage girls ages 13-15 had received abortions without proper verification of parental consent since November 2008.
(More Stories here)
“After years of reports against Planned Parenthood for protecting rapists, flaunting parental consent laws, misusing state tax money – all the while raking in profit – when will we say enough is enough?” asked Jim Sedlak, vice president of American Life League and co-founder of STOP Planned Parenthood.
Investigations have also taken place in Indiana for undercover work done by LiveAction in Bloomington in June 2008, where a Planned Parenthood counselor coached a woman posing as a 13-year-old girl on how to avoid state law and protect her 31-year-old rapist. In Indianapolis, another Planned Parenthood counselor told a girl how to protect her rapist and where to get an abortion to bypass Indiana’s parental consent laws.
In May of 2008, American Life League obtained, through a Freedom of Information request, copies of the California Department of Health Services 2004 audit of Planned Parenthood of San Diego and Riverside Counties. This audit shows that one Planned Parenthood affiliate overcharged the state of California $5.2 million in a single year.
In July 2009, Planned Parenthood of El Paso, Texas, was audited due to possible illegal financial activity. It closed all seven of its facilities.
( Links and Story – here )
“We’re also seeing alleged illegal activity in Tennessee, North Carolina and Ohio,” said Sedlak “and yet Planned Parenthood still receives millions of our tax dollars each year. Our families and our tax dollars are better served by defunding Planned Parenthood immediately.”
Further, the state of Washington audited Planned Parenthood in Spokane and found that the Spokane abortion business overcharged the state Medicaid program by at least $629,142.88 from 2004 to 2007.
And as if this were not enough, Pro Vita Advisors reported in an online newsletter entitled “Planned Parenthood Cover Ups”:
In Cincinnati, Planned Parenthood has been accused of covering up the sexual abuse of a teenage girl by her father. Ohio law requires professionals such as doctors, nurses, and teachers to report alleged sexual abuse. According to the 2007 lawsuit against Planned Parenthood, the teenager claims she was sexually abused by her father for another 18 months because Planned Parenthood failed to report the incest. After telling someone else about the incest, the girl’s father was prosecuted and sentenced to five years in prison.
In a second case involving Planned Parenthood of Southwest Ohio in Cincinnati, a 14-year old girl was impregnated by her 22-year old soccer coach. He then took her to Planned Parenthood for an abortion. The soccer coach signed-off on the abortion saying he was her step-brother. The girl’s parents were neither notified nor gave their consent for the abortion. The parents filed a lawsuit against Planned Parenthood for failure to report the incident as required by Ohio’s parental notification law and for failure to report an incident of possible child abuse to authorities. The parents’ case is weakened somewhat because the daughter gave Planned Parenthood a false phone number for notification purposes. However, Planned Parenthood did nothing to confirm they were talking to the parents when they made the required notification call.
There is no doubt that the Planned Parenthood criminal record rivals that of many who have been put out of business for far less! So why are state attorneys general, elected officials and the federal government silent? Where is the obligation to defend the vulnerable and put a stop to criminal activity?
These are questions that every right-thinking American should be asking all those in positions to take action against such diabolical activity. And here are a few action items you can take starting today:
• First, sign the petition to defund Planned Parenthood, which continues to receive our tax dollars as they break the law.
• Second, hold your elected officials at the state and federal level accountable. Send each of them this report. Provide documentation. Demand answers.
• Third, educate your family members, friends and associates. If the politicians who are answerable to you turn a blind eye to this matter, they should be put out of a job. The educated voter will do the right thing. Spread the word.
What Did Senators Get For Their Health Care Votes?
by Connie Hair (more by this author) / Human Events
Posted 12/21/2009 ET
At 1:01 a.m., the Senate cleared the first hurdle to pass its own version of the government takeover of health care, holding a vote for cloture on what’s known as the Manager’s Amendment. The vote on the last-minute amendment that held multi-million dollar deals to buy key votes from Senators passed 60-40, a straight party line vote.
What did Senators get for their votes?
Sen. Ben Nelson (D-Neb.) claimed to be holding out for language in the bill that would guarantee federal funding would not be used to pay for elective abortion on demand. Nelson threw the pro-life community under the bus, agreeing to language that every major pro-life group says still allows the use of taxpayer funds to pay for abortions.
The United States Conference of Catholic Bishops supports the underlying bill but rejects this abortion language formulation: “This legislation should not move forward in its current form. It should be opposed unless and until such serious concerns have been addressed. … Despite repeated claims to the contrary, it does not comply with longstanding Hyde restrictions on federal funding of elective abortions and health plans that include them.”
Other pro-life leaders and groups agreed that the protections offered in the House-passed Stupak-Pitts Amendment barred the federal funding of abortion but the new formulation Nelson agreed to in the Senate does not do the job.
“While I appreciate the efforts of all the parties involved, especially Senator Ben Nelson, the Senate abortion language is not acceptable,” Bart Stupak (D-Mich.), the co-author of the House amendment said. “A review of the Senate language indicates a dramatic shift in federal policy that would allow the federal government to subsidize insurance policies with abortion coverage.”
NEBRASKA RIGHT TO LIFE: “Senator Nelson had a chance to ensure that the longstanding principle of the Hyde Amendment against federal funding of abortion with narrow exceptions, would be placed in the Senate healthcare legislation. He dashed any hope of that with his late-night agreement with Senators Reid, Boxer and Schumer on unacceptable language that he claimed would address pro-life concerns.”
NATIONAL RIGHT TO LIFE COMMITTEE: “The manager’s amendment is light years removed from the Stupak-Pitts Amendment that was approved by the House of Representatives on November 8 by a bipartisan vote of 240-194. The new abortion language solves none of the fundamental abortion-related problems with the Senate bill, and it actually creates some new abortion-related problems.”
FAMILY RESEARCH COUNCIL: “This so-called ‘compromise’ includes the accounting gimmicks that we have seen previously proposed. The new language also does nothing to protect individual consciences. Every purchaser of insurance will be forced to pay for other people’s abortions in a more direct manner than ever before.”
But was abortion really the issue for Nelson?
The deal Hill staffers called the “Full Nelson” (not sure whether that’s a reference to the strangling wrestling hold or the full frontal exposure made famous in the film “Full Monty”), Ben Nelson got a deal that purports to pay for millions of dollars of Nebraska’s new Medicaid bills that will be imposed by the very expansion of Medicaid included in the bill he voted for. Ahem.
Yet Senate Budget Committee Chairman Kent Conrad (D-N.D.) told Fox News Sunday that no future Congress would be bound to make these payments to Nebraska or any other state to cover their Medicaid payments. So the big Medicaid sellout is a shell?
On Saturday, Politico reported, “In addition to the Medicaid carve out, Sen. Ben Nelson (D-Neb.) negotiated an exemption from the insurance tax for non-profit insurers based in his state. The language was written in a way that only Mutual of Omaha Insurance Company, as well as Blue Cross Blue Shield non-profit plans in Nebraska and Michigan, would qualify, according to a Democratic aide.”
And as HUMAN EVENTS reported Saturday, the insurance trade underwriter Property & Casualty posted this breaking news item on their website on Friday which informed insurance industry insiders that Nelson had been successful in having their anti-trust language barred from inclusion in the Senate bill.
If Nelson were actually concerned over federal funding of abortion, he would have insisted on the strong Stupak-Pitts language. Instead Nelson, the former state insurance commissioner and insurance company executive, appears to have sold out the pro-life community to gain high dollar items for the insurance industry.
The future certainly looks bright for Ben Nelson in the insurance industry when his Senate career is over.
More Senate Deals
Given the Senate bill drastically expands the sub-standard Medicaid programs for low-income people, the massive hidden cost in the bill is transferred to state budgets in an unfunded mandate. Sens. Patrick Leahy (D-Vt.) and Bernie Sanders (I-Vt.) negotiated $250 million in Medicaid payments for their state.
Sen. Mary Landrieu (D-La.) in her own high-profile sellout negotiated $300 million in non-guaranteed Medicaid payouts in what has been called the New Louisiana Purchase.
Months earlier, Senate Majority Leader Harry Reid (D-Nev.) negotiated his own Medicare payment carve out for his home state of Nevada.
Currently, less than 50 percent of doctors will see new Medicaid patients due to severe underpayments and non-payments that can bankrupt their medical practice. The program expansion is expected to be an unmitigated disaster to state budgets that will likely cause drastic state tax increases.
In another payoff deal to a mystery senator, Reid’s Manager’s Amendment allotted $100,000,000 for an as yet to be disclosed “Health Care Facility” at a “public research university in the United States that contains a state’s sole public academic medical and dental school.”
In the Manager’s Amendment to H.R. 3590, Pg. 328:
“(a) APPROPRIATION.—There are authorized to be appropriated, and there are appropriated to the Department of Health and Human Services, $100,000,000 for fiscal year 2010, to remain available for obligation until September 30, 2011, to be used for debt service on, or direct construction or renovation of, a health care facility that provides research, inpatient tertiary care, or outpatient clinical services. Such facility shall be affiliated with an academic health center at a public research university in the United States that contains a State’s sole public academic medical and dental school.”
“This process is not legislation, this process is corruption,” said Sen. Tom Coburn, M.D. (R-Okla.). “It’s a shame the only way we can come to a consensus in this country is to buy votes.”
There are two more cloture motions requiring 60 votes for passage this week before the simple majority vote on the final bill Christmas Eve night. Failure to reach 60 votes at any point in the process would kill the bill in the Senate.
Should the Senate pass the bill, House Speaker Nancy Pelosi (D-Calif.) could send the bill straight to the president’s desk for signature by offering a Motion to Concur with the Senate Amendment and a simple House majority passes. The House would need to hold their far-left radical “Progressive Caucus” vote and the pro-life Stupak vote together for that simple majority vote, which could get sticky.
If the House changes one dot or tittle of the bill, the Senate would have to pass a Motion to Concur with the House. That would require 60 votes to reach cloture and end debate on the Motion to Concur.
Or Pelosi could take the House and Senate bills to conference, which would be a much longer process that would attempt to merge the House and Senate versions of the bill.
Story Here: http://www.humanevents.com/article.php?id=34930
RedState Blog: by Erick Erickson
Sunday, December 20th at 1:40PM EST
Poor Ben Nelson. He went on John King’s show today and told King, “[I]f you think it’s fun having both sides on an issue mad at you when you’re trying to do something in good faith, just think, it’s like going home and getting bit by the family dog. So how — who enjoys that?”
We all know the truth, however. The proof is in the pudding of Ben Nelson’s arrangements with Harry Reid.
Nelson said he was standing firm on pro-life issues, but in fact his compromise will not help him. His compromise authorizes federal funding of abortions on Indian Reservations, but will make it difficult for white Americans to have access to abortions during Republican administrations.
That is the key. Under Nelson’s compromise, abortion access will fluctuate based on who the President is. A pro-life President will have the power to make it more difficult. A pro-death President like Barack Obama will make it exceedingly easy. The only constant will be federal abortion funding for Indians.
I guess Ben Nelson has no problem with the multi-century history of the feds trying to exterminate Indian populations. Surely Ben Nelson knew what he was agreeing to. The issue with abortions on Indian reservations is related to the reauthorization of the Bureau of Indian Affairs, which is tied to the health care legislation and about which Nelson was fully aware of its implications.
What’s more, we should consider the rest of what Nelson got. Under Ben Nelson’s compromise, the citizens of the several states will now pay for medicaid cost overruns in Nebraska forever. That’s right. No other state gets the commitment Nebraska gets. From now on, your state taxes are going to be raised when medicaid costs go up in your state and your federal taxes are going to go up when medicaid costs go up in Nebraska.
The rest of the Democratic Senators have been taken for a ride by Ben Nelson, who has managed to put his state in a better financial position at the expense of every other state’s residents, all while ensuring the feds get to keep subsidizing the costs of exterminating Indian kids on Reservations. Poor Mary Landrieu really did turn out to be a cheap date.
Ben Nelson did not act in good faith. And the only thing biting him has got to be his conscience.
ABOUT THE AUTHOR:
Erick Erickson is the managing editor of RedState.com, the largest online community of conservative activists and the most widely read right of center blog on Capitol Hill.
After six years as an attorney in Macon, Georgia at Sell & Melton, L.L.P., Erick worked for a year in Washington, D.C., commuting each week from Macon. He started an online advocacy project for the National Rural Electric Cooperative Association. During the time, Erick worked behind the scenes at RedState, where he had developed a following for political commentary.
After a year in Washington, Erick became managing editor of RedState and now works from home in Macon, Georgia. As a side project, for a number of years Erick has worked as a political consultant assisting in presidential, congressional, state, and local elections. Erick has traveled across the nation on political campaigns and has been a commentator on MSNBC and CNN.
Erick resides in Macon, Georgia with his wife and daughter. He is a Deacon at Vineville Presbyterian Church and maintains his bar license.
Should this surprise anyone- Abortion has been used as Eugenics against Blacks and the African American Community for many years. As proved in the documentary Maafa21 ( Clips Below)
by Heather Smith on September 8, 2009/ AUL
Since the 1970s, federal courts have regularly interpreted the “mandatory categories of care” within Medicaid to include abortion and thus mandate abortion coverage. That judicial interpretation of Medicaid will be adopted by courts in interpreting federal health care legislation, unless abortion is expressly excluded.
In addition to the leading case of Planned Parenthood Affiliates of Michigan v. Engler—where the Sixth Circuit held that “abortion fits within many of the mandatory care categories, including ‘family planning,’ ‘outpatient services,’ ‘inpatient services,’ and ‘physicians’ services.’ 73 F.3d 634, 636 (6th Cir. 1996)—at least six other circuit courts (the First, Third, Fifth, Seventh, Eighth, and Tenth) have held that abortion is covered under Medicaid (unless there is a specific statutory exclusion like the Hyde Amendment). Some, like the Sixth Circuit, have specifically held that abortion is covered under the broad “mandatory categories of care” including “family planning” within Medicaid (Title XIX of the Social Security Act, 42 USC 1396d(a)).
The First Circuit, in Preterm, Inc. v. Dukakis held that abortion is covered by Medicaid and implicitly concluded within the mandatory Medicaid categories. 591 F.2d 121, 125 (1st Cir. 1979).
The Third Circuit, in Roe v. Casey, noted with agreement that “[t]he district court took note of the fact that standard abortion procedures ‘involve most, if not all’ of the types or classes of services which are to be furnished to the categorically needy” within Medicaid. Roe v. Casey, 623 F.2d 829, 832 (3rd Cir. 1980).
The Fifth Circuit, in Hope Medical Group for Women v. Edwards, held that a state statute limiting Medicaid-funded abortion procedures was “inconsistent with the broad objective of Title XIX to provide needed medical care to qualified recipients.” 63 F.3d 418, 428 (5th Cir. 1995). The court stated, “[a]lthough Title XIX does not specifically include abortion as a mandatory service, the parties concede that abortion services fall under several of the eight broad categories of medical services mandated by the Act, including inpatient hospital services, outpatient hospital services, physician’s services, and family planning services.” Id. at 425.
The Seventh Circuit, in Zbaraz v. Quern, agreed with the First Circuit’s decision in Preterm “that limiting Medicaid assistance to life-threatening abortions “violate[s] the purposes of the Act and discriminate[s] in a proscribed fashion” 596 F.2d 196, 199 (7th Cir. 1979).
The Eighth Circuit in 1980 held that “[the Medicaid mandatory categories] include medical procedures to induce abortions.” Hodgson v. Board of County Com’rs, Hennepin County, 614 F.2d 601, 607 (8th Cir. 1980). And in Little Rock Family Planning Services, P.A. v. Dalton, the court held that “[a] state plan must cover medical services that a person’s physician certifies are “medically necessary.” 60 F.3d 497, 499 (8th Cir. 1995). Though the Dalton court admitted that “[Title XIX] does not identify any specific medical procedures, whether they are Caesarean sections, transfusions, bypass surgery, or abortions.” Id. at 499, it concluded that “[b]ecause abortion falls within several of these mandated categories [of medical service], a medically necessary abortion is a mandatory covered service.” Id.
The Tenth Circuit, in Hern v. Beye, held that “[a]bortion falls under several … ‘mandatory coverage’ categories, including ‘inpatient hospital services,’ 42 U.S.C. § 1396d(a)(1), ‘outpatient hospital services,’ id. § 1396d(a)(2)(A), ‘family planning services,’ id. § 1396d(a)(4)(C), and ‘physicians’ services furnished by a physician,’ id. § 1396d(a)(5)(A).” 57 F.3d 906, 911 (10th Cir. 1995).
In addition, several federal district courts have read abortion into Medicaid.
In Doe v. Busbee, the court concluded that “[i]t is clear that an abortion is a medical procedure which falls within the five general categories set out in Title XIX.” 471 F.Supp. 1326, 1331 (N.D. Ga. 1979).
In Smith v. Rasmussen, the court held that “[a]bortions . . . fall within several of Medicaid’s mandatory categories of care.” 57 F.Supp.2d 736, 755 (N.D. Iowa, 1999).
In Planned Parenthood Affiliates of Ohio v. Rhodes, the court broadly held that “[t]he ‘promotion’ of abortion, whether it consist of counseling, encouraging, referring, assisting or even performing medically necessary abortions is included in the five general categories.” Planned Parenthood Affiliates of Ohio v. Rhodes, 477 F.Supp. 529, 540 (E.D.Ohio, 1979).
Finally, in reading these decisions, it must be understood that a “medically necessary” abortion is—under the Supreme Court’s abortion doctrine—whatever an abortion provider, in his/her personal, subjective judgment, determines it to be. The terms “necessary” and “medically necessary” are virtually synonymous, because both vest the abortion provider, in his or her subjective judgment, with complete discretion to determine their meaning. As the lower federal courts have applied the terms, an abortion is “necessary” because a woman requests it, and it becomes “medically” necessary when the doctor agrees to it. Consequently, when these two terms are combined—“medically necessary” to preserve the “health” of the woman”—a “medically necessary” abortion means any abortion a provider agrees to perform for any reason.
Thanks to Americans United For Life for this report !