The Thomas More Society filed critical public comments in support of a proposed rule from the United States Department of Health and Human Services that would partially defund Planned Parenthood. The proposed revisions to Obama-era regulations written to implement Title X would bring those regulations into conformity with the law, which prohibits Title X from funding entities or programs that perform, support, or refer for abortions or abortion-related activities. Federal agencies must solicit comments from the public before enacting new regulations and then take those comments into consideration when making new rules. Attorneys from the nonprofit public interest law firm strongly urged the Department to accept the proposed rule and eliminate Title X funding from facilities that perform, support, or refer for abortions.

In public comments filed July 31, 2018 with the United States Department of Health and Human Services, Tom Brejcha, President and Chief Counsel of the Thomas More Society, and Andy Bath, Executive Vice President and General Counsel, pointed out that the proposed rule will:

• prohibit the government from awarding Title X family planning grants to entities or programs that perform, support, or refer for abortions or abortion-related activities.
• correct the misconception that abortion is family planning, drawing an easy distinction between abortion facilities and family planning centers. Requiring Title X and abortion facilities to be separate eliminates any potential confusion between the two.
• repeal Obama-era regulations that violate the text and the intent of Title X by requiring recipients of Title X funds to provide information and counseling regarding, and referral for, “pregnancy termination.”
• help protect the conscience of millions of Americans who do not want their tax dollars funding abortions. According to a 2018 Marist poll, six in ten Americans oppose taxpayer funding of abortion. Separating abortion facilities from Title X-funded family planning locations removes abortion funding from the taxpayers’ bill.

Brejcha noted:

“This rule will also not reduce federal funding for family planning by a single dollar. This rule simply ensures compliance with federal law by not funding providers who profit from abortion while subsidizing the rest of their business with federal funds. It will instead divert taxpayer funds to providers of family planning who stay out of the abortion business."

Brejcha continued, "Women deserve access to family planning and primary care that prioritizes their health and that of their children, and are best served at comprehensive health care centers that outnumber Planned Parenthood abortion facilities by more than 20 to 1 nationwide.”

The proposed rule will also enforce federal requirements that child abuse and molestation, sexual abuse, rape, incest, intimate partner violence, and human trafficking be reported. Recent reports by investigative journalists have exposed the major lack of reporting from large recipients of Title X funding, such as Planned Parenthood. Brejcha added, “The requirement that sexual abuse and related atrocities against women and children be reported to the proper authorities must be enforced.”

Read the Thomas More Society’s public comments filed July 31, 2018, letter with the United States Department of Health and Human Services, regarding Proposed Rule: Compliance with Statutory Program Integrity Requirements, RIN 0937-ZA00 (June 1, 2018) here.