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comp health PP (2)Kansas cannot cut off Medicaid funding for two Planned Parenthood affiliates reports the Associated Press this evening.

“The Governor will continue the fight to make Kansas a pro-life state,” said Eileen Hawley, spokeswoman for Gov. Brownback,  “We will review today’s preliminary ruling and move forward with the litigation.”

U.S. District Judge Julie Robinson in Kansas City, Kansas, issued the temporary ruling late Tuesday which prevents the Kansas Department of Health and Environment (KDHE) from cutting off funding Thursday for Planned Parenthood of Kansas and Mid-Missouri and the organization’s St. Louis regional affiliate.

Mary Kay Culp, KFL executive director, commented,

“We oppose any public money that helps the abortion giant Planned Parenthood stay open. Planned Parenthood is not the trusted health-care provider they like to call themselves –everything they do is poisoned by their abortion business and advocacy .”

Planned Parenthood in Overland Park was indeed trafficking in baby body parts in the late 90’s, which caused Kansas to enact a law governing fetal tissue procurement.

Several ongoing bona fide lawsuits nationwide have found Planned Parenthood to be defrauding the public. See here.

The state of Kansas should have control of dispensing federal tax funded support to the indigent and have trustworthy partners. KDHE alleges they did not get respectful access to onsite inspection from Planned Parenthood that health care grantees must provide.

Unfortunately, the authorization language for Medicaid is not the same as for the Title X federal funding. Federal changes should be made to allow states more control over tax-funded health care distribution. The Medicaid amount involved appears to be under $50,000 this year.

Kansans for Life is happy, however, that

Planned Parenthood no longer gets Kansas Title X annual health care funding–well over one-third million dollars– that is now going to full-service public clinics and hospitals.

Kansas won that battle in court and this past session, the legislature made that funding priority a permanent statute. Read more here.

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Now-closed Kansas City “Affordable Abortions”  lab specimen prep room in 2003 (photos by staff whistle-blower)

The U.S. Supreme Court 5-3 Whole Women’s Health v Hellerstedt ruling June 27th is not the huge victory abortion supporters claim. However, there is no question that “Hellerstedt” is a truly troublesome ruling, as it:

  • undermines the Court’s former support for the compelling interests of state legislatures,
  • makes the Supreme Court the nation’s medical board, and
  • encourages activist courts to indulge in subjective judgment of abortion regulations.

Ultimately, it’s a setback for the pro-life movement both nationally and in Kansas. However, looking at the long game, Supreme Court decisions are not set in stone.

As a reminder,  the Court struck down a ban on partial-birth abortions in 2000 and then in 2007 upheld the ban. Why? The language of the ban was tweaked, the public became educated (and outraged) and the composition of the Supreme Court changed. This is why presidential elections matter.

HORRIBLE RULING
Hellerstedt
has abandoned any pretext that the Court is only involved to guarantee “safe and legal” abortion. They have overruled protection for women in order to protect abortion business profits. The Court has reinforced its schizophrenia that demands abortion be treated as a medical procedure, but not be subject to the ordinary state oversight other medical facilities must obey.

Kansas City "Affordable Abortions"

“Affordable Abortions” unsterile surgical bedside with open trash and dirty carpet

Kansas has had plenty of abortion horror stories. A staff whistle-blower took photos in 2003 at the inner city “Affordable Abortions” clinic of Krishna Rajanna (now closed). She was so worried about the filth there she would wipe down the surgical bed with rubbing alcohol whenever she could.

Kansas had a duty to enact abortion clinic regulations, and it took ten years to get a licensure and inspection law— passed when we had a pro-life governor in 2011.
(Read more here and here.)

The abominable majority opinion last Monday, written by Justice Breyer, absurdly tries to justify striking down Texas’ clinic regulations, asserting that having such laws in place would not stop the “very bad behavior” of “determined wrong-doers” like Kansas had  at the “Affordable Abortions” clinic and elsewhere. With that logic, no laws would ever be passed.

The Hellerstedt ruling is harshly criticized by the dissenting justices (Thomas, Alito and Roberts) for breaking procedural rules and being so riddled with special exceptions for special rights” that it violates “the promise of a judiciary bound by the rule of law.”

Planned Parenthood has announced now they’ll fight abortion regulations in eight states: Arizona, Florida, Michigan, Missouri, Pennsylvania, Tennessee, Texas and Virginia– “with more to come” against similar laws across the country. National Right to Life Committee president, Carol Tobias, expects only measures identical to those blocked by the Supreme Court will be vulnerable to appeal.

HOW IS KANSAS AFFECTED?
The office of Kansas Attorney General Derek Schmidt has so far announced that the legal team is studying the Hellerstedt ruling with respect to three ongoing lawsuits filed by Kansas abortionists. The A.G. team has prevailed in all other concluded abortion litigation since 2011.  (Read more about Kansas abortion clinics and lawsuits here.)

"Affordable Abortions" had blocked back exit with lawn mower in the mess as a "back-up generator"

“Affordable Abortions” fire-hazard blocked back exit with lawn mower (by door) as a “back-up generator”

Most directly related to Hellerstedt is the 2011 Kansas comprehensive abortion clinic licensure & inspection law which has never been in effect due to a “temporary” injunction and to an unjustifiable 4 1/2 year delay from Shawnee District Court Judge Franklin Theis.

That law includes building safety standards, injury & death incident reporting, abortion-specific protocols and a requirement that abortions be performed by Kansas-licensed physicians. Relative to Hellerstedt, it

  1. does mandate hospital privileges for abortionists within 30 miles of the abortion site, but
  2. does not require an abortion facility to be licensed as an ambulatory surgical center (ASC).

The admitting privilege (#1)  does mirror that of Texas, but the context in Kansas is not the same. All four Kansas abortion businesses  (2 in Wichita and 2 in Overland Park) claim to have access to abortionists with hospital privileges.

As for #2, although some of the Kansas facility requirements do resemble those of ASCs,  those provisions would not automatically need to be struck down. Also, two Kansas abortion businesses(Planned Parenthood and SouthWind) are already licensed as ASCs.

However, following Hellerstedt, activist courts will be more encouraged to subjectively critique –and potentially reject–duly-passed medical oversight laws.

 

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CNM PPKMMJust days ago, Planned Parenthood filed suit in federal court to stop Kansas from barring them as Medicaid providers following an executive order by Gov. Sam Brownback to the state health department.

This issue is similar to, but different from, the lawsuit Planned Parenthood lost in 2014 to regain Kansas funding as federal Title X providers. The latter– Title X prioritization of full-service public clinics and hospitals –was put permanently into statute last week in the waning days of the Kansas legislative session.

The plaintiffs of the new lawsuit included three Medicaid-eligible women, two distinct Planned Parenthood entities (the Kansas &Mid- Missouri business and the St. Louis Missouri business) and—wait for it– two midwives who were on staff until recently.

Yes, midwives.

Midwives Victoria Zadoyan and Justine Flory (currently employed in Topeka and Lawrence according to online information) were described in the lawsuit as working at Planned Parenthood of Kansas & Mid-Missouri up until a year or so ago. The lawsuit makes a ridiculous claim that those two midwives’ reputations will be harmed if their Planned Parenthood Medicaid identification numbers are associated with state disqualification for Medicaid provision—even though neither is currently employed by Planned Parenthood.

These midwives should be more worried about how their “reputation” is sullied by their work for Planned Parenthood and their willingness to sue Kansas on behalf of the abortion giant.

ex-PPKMM midwives Flory & Zadoyan

PPKMM past midwives     Flory & Zadoyan

While pro-life readers may be shocked to learn that midwives who espouse a natural childbirth experience could work at abortion clinics, I am not.

I first personally encountered the concept that midwives could be pro-abortion 24 years ago. This was when I was one of a group of pro-life moms doing volunteer counseling outside a Topeka abortion clinic (no longer in operation). We had made a “save,” i.e. had successfully convinced a pregnant woman (call her Jane) not to choose abortion. We helped Jane with her needs until she delivered and held the baby shower for her at my home.

It was at this occasion when Jane shared with us that after we had first dissuaded her from abortion and sent her to medical assistance in town, the nurse there had tried to push her back into choosing abortion. More shocking and horrifying to me was that the “nurse” she named was the midwife who attended one of my children’s births!

The abortion industry has long been pushing to have “mid-level” providers supplant the ever-decreasing number of physician abortionists.

In 1990 a symposium held by the American College of Obstetricians and Gynecologists and the National Abortion Federation recommended nurse-midwives be trained to perform first-trimester legal abortions under physician supervision. One-half of the nurse-midwives who were members of the American College of Nurse-Midwives were polled, and 1,208 questionnaires (71.1%) were returned with these results:

  • 79% opposed federal and state efforts to limit access to abortion;
  • 91% would be willing to refer for abortion;
  • 52% would vote in a secret ballot to permit the performance of abortion by certified nurse-midwives;
  • 57% would be willing to prescribe RU 486;
  • 24% would, or possibly would, incorporate abortion procedures into their practice; and
  • 19% would, or possibly would, perform abortions in an abortion clinic.

That was over 25 years ago and yet some legislators were shocked when Kansans for Life insisted during the closing days of session that new regulations for the independent practice of midwives include a ban on abortion.  The ban was passed.

The “scope of practice” of midwives is intentionally written so broadly that it could be interpreted to include abortion, or it could specifically include abortion.

Adding to that, leading medical groups have been cheer leading their provision of abortion since 1994, including the American College of Obstetricians and Gynecologists, American Academy of Physician Assistants, the American College of Nurse-Midwives, the National Association of Nurse Practitioners in Women’s Health, and the International Confederation of Midwives.

Kansas legislators have successfully shut the door on more abortions by midwives and the latest Planned Parenthood lawsuit shows they were correct to do so.

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pp money (2)The Kansas Legislature adjourned for the year in the wee hours of Monday morning, with two big victories in the area of pro-life healthcare. UPDATE, May 13: Gov. Brownback signed both measures into law this week.

Disappointingly, the time clock hurt us on achieving Simon’s Law, which will be explained further on in this post.

Senate Bill 248, formerly SB 436 (KFL testimony here) was enacted late Sunday evening. It enacts, as permanent law, the “Huelskamp-Kinzer” language prioritizing Title X federal reproductive health money to full-service public health clinics.

Planned Parenthood hates this mechanism because they do not qualify as full-service and it’s a big chunk of Kansas money they no longer get. Planned Parenthood filed a legal challenge against the prioritization but lost in federal appeals court. Title X Kansas funding now surpasses the pre-litigation level.

Sen. Masterson, Sen. Tyson

Sen. Masterson, Sen. Tyson

Huelskamp-Kinzer language is a model way for states to improve healthcare for the indigent, by funneling Title X money to comprehensive services at “safety net” clinics and public hospitals.

State Sen. Caryn Tyson (R- Parker) carried the bill and Sen. Ty Masterson (R-Andover) shepherded it to completion. The vote was 87-34 in the House and 32-8 in the Senate.

MIDWIVES’ ROLE IN ABORTION STOPPED
Kansas passed a large bill, HB 2615, with a number of sections regulating health care services and providers. The section governing the independent practice of midwives includes pro-life language:
            Nothing in the independent practice of midwifery act should be call midwifeconstrued to authorize a certified nurse-midwife engaging in the independent practice of midwifery under such act to perform, induce or prescribe drugs for an abortion.”

There was quite a bit of educating to do on this subject as some legislators just didn’t want to believe that nurse midwives– those most intimately dedicated to nurturing labor and delivery– would actually do abortions.  Yet the National Abortion Federation has long had a strategy for increasing “access to abortion” (i.e. more babies aborted) by expanding the scope of practice of lower level health care professionals. Read more on this topic, including a memo from National Right to Life Director of State Legislation, Mary Spaulding Balch, J.D. here.

Sen. O'Donnell, Sen. Pilcher Cook

Sen. O’Donnell, Sen. Pilcher Cook

Sen. Sen. Michael O’Donnell (R-Wichita) and Sen. Mary Pilcher Cook (R-Shawnee) were real champions on insuring the abortion ban stayed with the midwives’ regulation. The House passed the final healthcare bill 115-7, but only after Senators voted 26-12 to insure that the final version kept the pro-life language.

TIME CRUNCH HURT SIMON’s LAW
This year’s Kansas legislature was dominated by a budget crisis, and in an unprecedented move, leadership cancelled two weeks of legislative session time.  This really doomed House consideration of Simon’s Law, despite heroic

Sen. Laturner, Rep. Pauls

Sen. LaTurner, Rep. Pauls

attempts by bill sponsor, Sen. Jacob LaTurner (R-Pittsburg), vice-chair of the Senate Federal & State Affairs committee, and Rep. Jan Pauls (R-Hutchinson), Chair of the House Federal & State Affairs committee, to maneuver it to get a House vote.

Simon’s Law is a vital bill to protect parental rights in preventing the unilateral issuance of Do Not Resuscitate (DNR) for minors. The measure has gained tremendous public enthusiasm, and secured an amazing 37-3 bipartisan vote in the Kansas Senate. With support of pediatric specialists across the country and four pro-life medical groups, Kansas ought to be enacting Simon’s Law next year.

baby SImon Crosier died to a secret DNR

baby Simon Crosier died due to a secret DNR

Lest too rosy a picture be painted about Simon’s Law, however, it must be noted that not one Kansas medical facility or physician group officially testified about the measure—pro, con or neutral—and many well-paid medical lobbyists out of the public eye pushed to kill the bill. Apparently, the current ability to issue DNRs unilaterally is sadly a power that too many medical entities do not want brokered by parents.

The movement to educate the public about discrimination in life-sustaining procedures has just begun and the entire nation needs Simon’s Law.

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unborn feel pain (2)Kansas abortion statistics for 2015 were released today by the Kansas Dept. of Health & Environment (KDHE). The figures revealed an overall 4.4% drop from 2014 and the lowest abortion total since 1987!

6,931 abortions were done in Kansas in 2015. KDHE reports 53% (3,579) were obtained by Kansas women and teens and 47% (3,395) obtained by non-residents. (KDHE includes an additional 43 Kansas women who obtained abortions outside Kansas for a total of 6,974.)

For the first time since KDHE abortion reporting began, an abortion was reported as done to preserve the life of the mother. The medical situation of that one abortion, as described by KDHE, was severe pre-eclampsia, with a separated placenta.

The baby was listed as 22 weeks gestation, but undersized for that age. No location for the procedure is indicated, and it may have occurred outside of an abortion clinic setting. Two other abortions past 22 weeks gestation were done on Kansas women in other states.

The 2011 Kansas Pain-Capable Unborn Child Protection Act allows an abortion at or after 22 weeks gestation (20 weeks post-fertilization) necessary to preserve the mother’s life or prevent substantial and irreversible physical impairment of a major bodily function.

“Except in the case of a medical emergency,” the law requires a written referral from another unaffiliated physician, who is “knowledgeable in the field, and knowledgeable about the case.”

WICHITA ABORTIONS DECREASE, ABORTIONIST “INACTIVE”
The good news discovered in the KDHE release was that 14% fewer abortions (down to 720 from 834) were obtained in Sedgwick County, which covers the city of Wichita. This county had been the only one in Kansas’ recent history to show any increase in abortions. After a historic low of 566 abortions in Sedgwick County in 2012, the number rose to 691 in 2013, and then increased again to 834 in 2014.

Chastine without KS medical privileges

Chastine lacks KS medical privileges

The abortion rise was attributed to heavy promotion of the 2013 opening of the SouthWind Women’s Center (in the former abortion location of George Tiller), staffed by a variety of itinerant abortionists. The medical director of that business from the outset has been Cheryl Chastine, originally from Illinois.

Chastine has been featured in pro-abortion media reports describing her frustration with providing abortions in a pro-life state. But her Kansas medical license has gone “inactive” (see here), meaning she is registered with the state Healing Arts Board through May 2016, but is not allowed to practice medicine in Kansas. Just how that is affecting abortion numbers is unclear.

Last month, Planned Parenthood of Kansas & Mid-Missouri in Wichita announced it was expanding to onsite provision of abortion pills in conjunction with abortionists from its Overland Park facility.

OTHER TRENDS
In other items of concern, there were 11 fewer abortions performed in Kansas in 2015 using the gruesome method of dismembering a well-formed, living unborn child. However, because the overall numbers dropped from 640 to 629, the proportion of this method to total abortions rose slightly from 8.8% to 9%.

The state of Kansas enacted a ban on such barbaric dismemberment abortions, but it is not in effect due to a district court ruling striking the ban. The decision is now on appeal before the state Supreme Court. (see more here)

Kansas has one of the highest proportions of chemical abortions (abortions by “medication” or pill). However, in 2015, that number dropped by 136, from 3,228 in 2014 (44.4% of all abortions) to 3,092 in 2015 (44.3% of all abortions). In 2011, Kansas enacted a ban on abortions via “webcam” without a physician present, but that law is under injunction and not yet in effect.

Abortion has a long and continued history of coercion. KDHE data has shown a 50% increase in incidents under the “Report of Physical, Mental, or Emotional Abuse or Neglect Filed” connected to abortion provision. In 2014, 29 filings were logged in under this category, rising to 43 in 2015. No explanation is given as to the resolutions of these officially-filed matters, or for the jump in reports.

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Simon & family

baby Simon Crosier with family

It very rarely happens, but the vote count on 2 pro-life bills was misrecorded by the official Kansas legislative website and has now been corrected.

An even higher pro-life vote resulted with the correction. The Senate vote for SB 437, Simon’s Law, appears to be the highest in many years for a substantive pro-life measure.

Simon’s Law will insure a parent gives permission before any DNR  (Do Not Resuscitate) order is put on a minor’s medical chart, and that a request to disclose the existence of any hospital “futility” policy is honored.

Simon Crosier’s parents, Sheryl and Scott, have advocated for this bill to protect parental rights, and to warn about medical discrimination against children with chromosomal conditions labeled as “incompatible with life.”

As of Tuesday, 7p.m. the official final tally for SB 437, Simon’ s Law, for the vote taken today in the Senate is 37-3:

Yea – (37):
Abrams, Arpke, Baumgardner, Bowers, Bruce, Denning, Donovan, Faust-Goudeau, Fitzgerald, Haley, Hawk, Hensley, Holland, Holmes, Kerschen, King, Knox, LaTurner, Longbine, Love, Lynn, Masterson, McGinn, Melcher, O’Donnell, Olson, Ostmeyer, Petersen, Pilcher-Cook, Powell, Pyle, V. Schmidt, Smith, Tyson, Wagle, Wilborn, Wolf.
Nay – (3)
:
Francisco, Kelly, Pettey.PP wrong way

SB 436 will make permanent a KDHE selection priority for full-service public health clinics and hospitals to receive Title X federal reproductive health money.

This issue of state budget authority to make this priority was sued by Planned Parenthood in 2011 on behalf of over 1/3 million dollars that they claimed “belonged” to them.  Planned Parenthood lost and Kansas won in March 2014 with a ruling from the federal Tenth Circuit Court of Appeals.

SB 436 passed today on purely partisan lines, with all Democrats opposing the measure. The official final tally for the Senate vote is 32-8:

Yea – (32):

Abrams, Arpke, Baumgardner, Bowers, Bruce, Denning, Donovan, Fitzgerald, Holmes, Kerschen, King, Knox, LaTurner, Longbine, Love, Lynn, Masterson, McGinn, Melcher, O’Donnell, Olson, Ostmeyer, Petersen, Pilcher-Cook, Powell, Pyle, V. Schmidt, Smith, Tyson, Wagle, Wilborn, Wolf.
Nay – (8):
Faust-Goudeau, Francisco, Haley, Hawk, Hensley, Holland, Kelly, Pettey.

To contact your Senator about these votes, use the roster here.

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Senate committee chairmen O’Donnell & Masterson expedited pro-life bill hearings

Pro-life Senate chairmen,  O’Donnell & Masterson

Pro-life Senate Public Health & Welfare chair, Mike O’Donnell (R-Wichita) and Senate Ways & Means chair, Ty Masterson (R-Andover) expedited committee passage of 2 pro-life Kansas bills this week.

On Wednesday, March 9, the Senate Public Health & Welfare committee passed Simon’s Law, SB 437, a bill addressing parental rights and life-sustaining treatment for minors.

Only one committee member, Sen, Laura Kelly (D-Topeka), voted against passage. Sen. Kelly complained that medical opposition had NOT come forward to oppose this eminently reasonable and protective bill!

Simon’s Law was named for a baby, Simon Crosier, who was allowed to die due to a DNR (Do Not Resuscitate) medical order issued without knowledge or permission of his parents; they believe Simon was discriminated against due to his Trisomy 18 condition.

Simon Crosier & parents

Simon Crosier & parents

Kansans for Life brought the committee many compelling testimonials from other families whose medically fragile children were harmed and/or denied medical resuscitation– due to negative “quality of life” value judgments from physicians and hospitals. Simon’s Law will do two important things:

  1.  prevent any medical facility or practitioner from secretly placing a DNR order for children under 18 years of age without written consent of at least one parent or guardian.
  2. require that, upon request, a facility must disclose any existing written policy on denial of life-sustaining treatment.

The Senate Public Health & Welfare committee added clarifying language defining futile care and a process for DNR conflict resolution. The full Senate is expected to vote on Simon’s Law within days.

BILL THAT PLANNED PARENTHOOD HATES

Anti-life Senators Kelly & Francisco

Anti-life Senators Kelly & Francisco

On Tuesday, March 8, the Senate Ways & Means Committee passed out a pro-life bill that would make permanent the way the state health department, KDHE, assigns grants using Title X federal funding.

SB 436 codifies the original 2007 Huelskamp-Kinzer proviso, prioritizing comprehensive care facilities as Title X recipients. The proviso was annually passed– but line-item vetoed– until signed into law in 2011 under Gov. Sam Brownback.

Planned Parenthood sued in 2011 to get that Title X money which it no longer qualified for. The Tenth Circuit Court of Appeals denied their claim in 2014. The ruling vindicated Kansas, and what former KDHE secretary, Robert Moser, had maintained: “Title X was not intended to be an entitlement program for Planned Parenthood.

SB 436 prioritizes that full-service public clinics and hospitals are first in line for Title X reproductive-services money. Remaining money is secondarily prioritized to private, full-service clinics and hospitals. The measure strengthens local ‘safety net’ health clinics.

The Senate Ways & Means committee passed SB 436 with Senator Marci Francisco (D-Lawrence) as the only no vote. This bill is also expected to get a vote from the full Senate in short order.

During committee action, Sen. Francisco, with support from Sen. Laura Kelly (D-Topeka), had offered an amendment to SB 436 that would have created a brand new KDHE funding stream for Planned Parenthood! The committee soundly defeated that amendment.

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