"The Protect Life Act simply extends these provisions to the new law by inserting a provision that mirrors Hyde-Weldon," the spokesperson added, referring to current federal law banning spending on abortion and allowing anti-abortion doctors to refrain from performing them while still receiving federal funds. "In other words, this bill is only preserving the same rights that medical professionals have had for decades."
A bit of backstory: currently, all hospitals in America that receive Medicare or Medicaid funding are bound by a 1986 law known as EMTALA to provide emergency care to all comers, regardless of their ability to pay or other factors. Hospitals do not have to provide free care to everyone that arrives at their doorstep under EMTALA -- but they do have to stabilize them and provide them with emergency care without factoring in their ability to pay for it or not. If a hospital can't provide the care a patient needs, it is required to transfer that patient to a hospital that can, and the receiving hospital is required to accept that patient.
In the case of an anti-abortion hospital with a patient requiring an emergency abortion, ETMALA would require that hospital to perform it or transfer the patient to someone who can. (The nature of how that procedure works exactly is up in the air, with the ACLU calling on the federal government to state clearly that unwillingness to perform an abortion doesn't qualify as inability under EMTALA. That argument is ongoing, and the government has yet to weigh in.)
Pitts' new bill would free hospitals from any abortion requirement under EMTALA, meaning that medical providers who aren't willing to terminate pregnancies wouldn't have to -- nor would they have to facilitate a transfer.
The hospital could literally do nothing at all, pro-choice critics of Pitts' bill say.
"This is really out there," Donna Crane, policy director at NARAL Pro-Choice America told TPM. "I haven't seen this before."
So, I'm failing to see how this proposed legislation protects life when it's based on allowing hospitals to say "Yeah, we'd rather risk your death than perform a medically necessary abortion to save your life. Sorry about that."
Talk about your death panels. These guys have no problem regulating the uterus of every woman in the country, but Obama's the fascist.