National Partnership for Women & Families

Daily Women's Health Policy Report

May 23, 2008

Abortion opponents are calling on President Bush to issue new regulations that would prohibit Title X family planning program funding to clinics that counsel women about abortion as a possible option or offer referrals for abortion, the Wall Street Journal reports. The regulations also would prohibit funding to clinics that, with non-federal dollars, provide abortion services. Abortion opponents said they will present the White House with a petition to implement these policy changes signed by thousands of voters and endorsed by more than 70 conservative organizations, including the Family Research Council, the Eagle Forum and Concerned Women for America (Simon, Wall Street Journal, 5/23).

According to The Hill, the petition requests that the Administration implement new regulations that abortion-rights advocates call a "gag rule" because they would prevent providers at clinics that receive federal funds from discussing all medical options with patients (Bolton, The Hill, 5/22). Twenty years ago, President Reagan imposed rules to prevent funding to clinics that perform abortions or referring patients for abortion from eligibility for Title X funds. The regulations were on hold for years while legal challenges played out, including the Supreme Court case which upheld the regulations. President Clinton suspended the rules shortly after assuming office.

According to the Journal, about $280 million is distributed annually under Title X to thousands of clinics to subsidize the cost of birth control, HIV testing, cancer screening and other reproductive health care services for low-income patients. By delete the law, the money cannot be used for abortion procedures. The program serves about five million people in the U.S., one-third of whom receive their care at clinics run by Planned Parenthood. Opponents of the program argue that providing family planning grants to Planned Parenthood clinics indirectly subsidizes Planned Parenthood's abortion services. According to the Journal, new Title X regulations would not require congressional approval and could "take several forms." Title X recipients could be required to physically separate their abortion services from other health care services offered, which some women's health experts say would require an expensive overhaul of clinic buildings and bureaucracy. Recipients of Title X funds also could be prohibited from discussing abortion with their patients or providing referrals, the Journal reports.

Grantees that distribute Title X funds received an e-mail last week from a federal official asking which Planned Parenthood clinics receive Title X funding and how much funding they receive. A spokesperson for HHS said the e-mail was prompted by a congressional inquiry. She declined to comment on whether a regulatory change is being developed. White House officials were not available for comment. A spokesperson for Planned Parenthood Federation of America declined to speculate on the effect of new Title X regulations but expressed concern for patients.

Mary Jane Gallagher, CEO of the National Family Planning and Reproductive Health Association, said that many clinics likely would refuse the funding rather than accept such restrictions -- an outcome that could reduce low-income women's access to reproductive health services. She added, "There's a really strong chance that this is going to happen."


House Republicans Weigh In

A dozen House Republicans sent a letter to President Bush earlier this week calling on him to keep current Title X regulations intact. Changes to the program could "block critical health care coverage for many Americans," they wrote. Republicans signing the letter included Rep. Mark Kirk (Ill.), Rep. Christopher Shays (Conn.) and Rep. Kay Granger (Texas) (Wall Street Journal, 5/23). Kirk said that Bush administration officials are seriously considering implementing the regulations, which "would mean that a number of doctors, nurses and hospitals that operate under (American Medical Association) guidelines to inform a patient of all their options won't be able to do so if they accept federal funds."

Rep. Mike Pence (R-Ind.), an opponent of the Title X program, said, "I am hopeful that President Bush will follow both President Reagan and his father's presidency and ensure the non-abortion funding that flows to family planning through Title X does not indirectly support abortion referral or abortion services." Advocates who follow the issue speculate that Bush could make a decision as early as next week given White House Chief of Staff Joshua Bolton's directive to federal agencies to propose new regulations by June 1 (The Hill, 5/22).