Public Policy and Family Planning

Posted At : October 26, 2008 10:37 PM

I don’t usually take political maneuvering personally but I may change my mind. As we are preoccupied with the economy and with the election the outgoing administration in Washington DC is proposing regulation and program funding changes that would reduce the accessibility of contraception to all American women.

First, the Department of Health and Human Services has proposed new regulations to expand the Right of Refusal for healthcare providers and redefine some legal contraception tools as abortifacients. Both AAUW and AAUW CA have protested by submitting comments and questions during the public comment period. Read the AAUW California comment letter by clicking here.

Many states already have conscience laws on the books that give healthcare providers, physicians and pharmacists for example, the right to refuse to provide legal services if that service is opposed by their religion. In California, the law allows the right of refusal by an individual but the provider network or pharmacy must provide the service by assigning another staffer or referring the patient to where she/he can receive the service in a timely manner. The proposed regulations expand the right of refusal to include the right to refuse to provide the patient the information about where to get the service. The right to refuse is also extended to hospital emergency personnel and is vague about which staffers have the right to refuse service.

Both the California governor and attorney general have submitted letters opposing the proposed new regulations as an unwarranted intrusion into state’s rights.

A second issue will directly impact California families. California has been notified that the Family PACT 1115 Waiver will end on October 31, 2008. Just what does this mean; what is Family PACT and what is being waived?

Family PACT is California’s innovative approach to provide comprehensive family planning services to low-income women and men. What makes the program unique is on site, point of service determination of eligibility for an entire year. The new terms and conditions that California must accept to maintain matching federal funding is that point of service determination of eligibility will no longer be possible. Each applicant will now apply at a state office and will be required to return and complete the forms quarterly rather than once a year.

Currently, women and men are eligible for the program if they reside in California, are at risk of pregnancy or causing pregnancy, have a gross family income at or below 200% of the federal poverty level and have no other source of health care coverage for family planning services. Screening for breast and cervical cancer is also covered.

The objectives of Family PACT are to reduce the rate, overall number and cost of unintended pregnancies, increase access to family planning services and improve the reproductive health of low income Californians. California receives $9 in federal matching funds for each $1 of California tax revenue spent on the program. In the eight years since the program began we have experienced a dramatic decrease in unwanted pregnancies in California noticeably among teenagers.

Seventeen states have been given similar waivers for family planning programs. Here in California AAUW CA has been working with our coalition partners to resolve the conflict and save the program in its present form. Oregon accepted the new conditions/guidelines last year and has seen a significant drop in service provided and an increase in unwanted pregnancies. We will keep you informed of developments.

Prepared by Rita Wustner, Approved by AAUW CA Public Policy Director