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Posts Tagged ‘Dr. Robert Moser’

pp-bkgd-obamaThe Obama administration is slapping down every state that has acted on the idea that the federal Title X reproductive healthcare program was NOT created to bankroll Planned Parenthood.

A proposed new Health & Human Services(HHS) rule announced last week would nullify state eligibility thresholds (such as Kansas has) that prioritizes Title X grants to full-service medical facilities.

Created in 1970 to help the indigent and uninsured, Title X is federally-dispersed money designed to assist low income-qualifying women for non-abortion reproductive health services, including contraceptives and health screenings. In Kansas, Title X is distributed by the Kansas Department of Health & Environment (KDHE).

It is good stewardship for the state to allocate financial support to full-service public clinics and hospitals to provide the poor with the full range of well-woman care (not just gynecological services, but nutritional, cardio, mental health, etc.) as well as pediatric and geriatric care for women and men.

Beginning in 2007, Kansas legislators did just that. They annually passed the Huelskamp-Kinzer proviso, directing KDHE to prioritize Title X reproductive health care grants to full-service public clinics and hospitals.

Planned Parenthood cannot meet that criteria. It only offers a narrow range of exams and screenings and cannot provide mammograms, chest X-rays, and other essential medical evaluations.

The Huelskamp-Kinzer proviso was repeatedly vetoed by pro-abortion Kansas governors Sebelius and Parkinson until Gov. Sam Brownback’s first year in office, 2011, when it was approved. Planned Parenthood immediately sued.

A district court judge blocked the Huelskamp-Kinzer proviso and forced KDHE to continue to pay Planned Parenthood and another clinic roughly one million dollars during litigation. At the time of the ruling, Dr. Robert Moser, who was KDHE head in 2011, said

 “Title X was not intended to be an entitlement program for Planned Parenthood. Other providers are already offering a fuller spectrum of health care   for Kansas patients. This highly unusual ruling implies a private organization has a right to taxpayer subsidy. The people of Kansas disagree.” 

However, after Planned Parenthood lost its legal appeal in the Tenth Circuit  Court of Appeals, the Huelskamp-Kinzer proviso went into effect in mid-2014. (It was made a permanent law this spring.) The ruling held:

  1. that Planned Parenthood’s claim of a First Amendment violation lacked merit, and
  2. that Kansas could select mainstream, full-service health care providers as preferred grantees.

If the aim of Title X is truly to help the uninsured and indigent get disease screenings and full reproductive health care, Kansas’ priority of one-stop access at local comprehensive-care medical centers is the right model.

The new HHS proposal eliminates state authority. It should be opposed as an unabashed power play to send our tax-funded Title X money to the nation’s largest abortion business.

HHS is open to public input on the proposal through Oct. 7. Sign the KFL petition  to HHS today.

 

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no PPIn a not unexpected move, Planned Parenthood of Kansas and Mid-Missouri announced today it plans to close its financially failing Hays facility that no longer qualifies for family planning funds distributed by the Kansas health department.

PPKMM lost a crucial legal fight in March when the Tenth Circuit Court of Appeals overturned a 2011 lower court ruling.

The trial judge’s decision had forced the Kansas Department of Health and Environment

to direct approximately one million dollars over the past three years, mainly to Planned Parenthood of Kansas & Mid-Missouri.

On May 9, PPKMM announced they would not pursue any more appeals.

The 2009 Kinzer-Huelskamp budget amendment directed the state health department to award Title X money to full-service medical clinics and hospitals best serving the indigent. That prioritization was approved consistently  by the Kansas legislature but vetoed by former Governors Sebelius and Parkinson. However, it has been approved in every budget under current Gov. Sam Brownback.

While PPKMM’s Hays and Wichita “feeder” clinics did not perform abortions, they referred for them. Apparently that was enough of a reason to keep their doors open when they were seriously in the red—combined over $225,000 each year—even when they were receiving over $300,000 in Title X funding.

LEGAL BACKGROUND

PPKMM sued, and won mandatory funding from 2011-2014, ordered by Wichita federal judge Thomas Marten in a 36-page decision handed down in August 2011.

Judge Marten’s opinion could have been lifted from one of the briefs filed by Planned Parenthood of Kansas and Mid-Missouri. He accepted without quibble Planned Parenthood’s argument that (in his words) “The purpose of the statute was to single out, punish and exclude Planned Parenthood.”

Various state officials “hotly contested” Marten’s decision, as the Kansas City Star wrote at the time, and responded vigorously.

Dr. Robert Moser, who was  sued in his capacity as Secretary for Kansas Department of Health and Environment, said,

Title X was not intended to be an entitlement program for Planned Parenthood. Other providers are already offering a fuller spectrum of health care for Kansas patients. This highly unusual ruling implies a private organization has a right to taxpayer subsidy. The people of Kansas disagree.”

Added Attorney General Derek Schmidt in a prepared statement, “It appears that the Court declared a duly-enacted Kansas statute unconstitutional without engaging in the fact-finding one would expect before reaching such a conclusion,”

The Tenth Circuit Court of appeals overturned Judge Marten in March, ruling that PPKMM lacked standing to pursue its claims in federal court, and that its claim of a First Amendment violation lacked merit–about as resounding a defeat as you could get.

Mary Kay Culp, executive director for Kansans for Life, said, “we applaud that Kansas budget decisions are no longer being forced to prop up a for-profit abortion business.

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pp money (2)A three-member panel of the Tenth Circuit Court of Appeals today overturned a Kansas federal district court ruling that Planned Parenthood was unfairly disfavored and penalized by a 2011 funding authorization. The case was sent back to Judge J. Thomas Marten, who had remarked that he expected to be overruled in this matter.

The case stems from a 2011 lawsuit filed by Planned Parenthood of Kansas & Mid-Missouri on behalf of their Kansas abortion-referral facilities in Wichita and Hays. Both clinics became ineligible to receive Title X federal family planning funding when the state enacted an annually-renewed proviso that such money go to full-service public health clinics and hospitals.

Planned Parenthood claimed they would be “irreparably damaged” without “its” Title X funding. However, Dr. Robert Moser, head of the state health department that selects recipient facilities, described Title X funds as belonging to the state taxpayers, remarking that, “Title X was not intended to be an entitlement program for Planned Parenthood.”

The appeals panel ruled that

Planned Parenthood lacked standing to pursue its claims in federal court, and that its claim of a First Amendment violation lacked merit.

Planned Parenthood had argued that they were losing out on money due to impermissible “anti-abortion” animosity from the legislature and Gov. Sam Brownback. But the Kansas proviso doesn’t mention anything about providing or supporting abortion; it merely prioritizes that Title X grants go to local health department clinics.

Planned Parenthood also claimed that the state could not impose additional requirements for facilities to obtain Title X funding–in this case, maximizing use of a federal grant program to support health care for the poor. Court documents revealed that women at or below poverty level comprised merely 15% of Planned Parenthood’s Kansas clients, while

similarly economically disadvantaged women comprised 78% of those served by the health department in Wichita, which would have received the Title X grants.

Judge Marten ruled in August 2011 that the Kansas health department must continue to fund two Planned Parenthood businesses while litigation continued. In October of 2011, he ordered additional funding to another family planning clinic in western Kansas, which closed 14 months later. To date, at least $400,000 has been paid out to those three clinics by Marten’s order.

In the last three years, abortion advocates and clinics have sued four Kansas pro-life measures:

  1. Kansas won the first lawsuit, challenging a 2011 law that excludes elective abortion from private health insurance coverage without a “rider.”
  2. Kansas has won the appeal (today) that Planned Parenthood had no standing to sue in federal court for perceived discrimination in Title X eligibility.
  3. An abortion-friendly state judge has stalled litigation on the 2011 pro-life abortion clinic licensure law, under injunction.
  4. Abortion interests failed to block the comprehensive 2013 Pro-Life Protections Act with the exception of two tiny provisions which are being addressed.

Kansas pro-life legislation is well-drafted and being defended by talented attorneys working for the state Attorney General.

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Kansas pro-lifers could never have imagined that our state interactive website showing pre-natal development videos would achieve 10,000 hits—let alone in one month!

But that happened in September, and, coupled with a state-wide increase in the number of free, life-affirming crisis pregnancy and adoption centers, makes for a great Respect Life Month in Kansas.

While opponents have taken to the courts to try to stop new constitutional laws regulating abortion clinics and health insurance, they cannot prevent

24/7 access via smart phone or computer to the best scientific information on life in the womb.

When you open http://www.womansrighttoknow.org/ you see a tiny 6-week unborn baby with an actively-beating heart.   This is the informed consent site managed by the state, with a 24-hour hotline.  Prior to any Kansas abortion, the mother must sign that, 24 hours earlier, she accessed the state-prepared information in written form or on this website.

But then check out the fascinating Prenatal Image Gallery.  This is the portal to day-by-day, high-resolution 4-D ultrasound (more…)

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Wichita's money-losing Planned Parenthood

UPDATE, Aug.30, 5:20pm: Without answering the contractual issues, Judge Marten late today ordered an immediate quarterly payment from the state to Planned Parenthood, without any bond.

“Planned Parenthood is threatening to close its Hays clinic this Friday if its federal family planning funds aren’t restored by Sept. 16,” writes The Kansas City Star.

That money is not “its” funding. The Title X taxpayer funding belongs to the state taxpayers, to be distributed by the health department (KDHE) . KDHE head, Dr. Robert Moser, said,

“Title X was not intended to be an entitlement program for Planned Parenthood.”

But The Star (recipient of Planned Parenthood’s 2006 media award) –as well as the presiding judge in the lawsuit, Thomas Marten– continue to fundamentally misstate the situation.

Yes, Planned Parenthood of Kansas Mid-Missouri annually got some of Kansas’ Title X money for its outlets in Hays and Wichita.  But so did another private business, Dodge City Family Planning Clinic.

All three no longer qualify for funding in Kansas as they are not providing preventative and primary care, in addition to reproductive-related services, as now required by state law.

The Dodge City business has not sued for “its” money, but Planned Parenthood has, employing three specialized law firms to wrongly argue that federal law forbids state discretion in selecting subcontractors— which it does not. (more…)

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KDHE's Dr. Robt. Moser

For 13 years, the Kansas law banning abortions of viable unborn children has been thwarted by abortionists and the state Health department.

With a new pro-life governor and pro-life dominated House, however, that situation is about to end.

Gov. Sam Brownback’s new Health (KDHE) Secretary, Dr. Robert Moser, told the Associated Press Monday that his department’s interpretation of a law requiring physicians to file late-term abortion reports is different than how the law has been enforced in the past.

Moser said doctors must spell out the medical reasons. “It’s pretty straightforward,” he said. “We’re not looking at changing the forms at all. They’re adequate. It’s just the information that needs to be provided in there needs to be accurate, just like any other reporting form. That’s all we’re looking for — accuracy.”

To insure that the correct reporting interpretation adopted by Dr. Moser will not disappear in future administrations, 64 House representatives are supporting HB 2035, the Abortion Reporting Accuracy & Parental Rights Act.

The bill will require accurate medical information be filed with KDHE, including an affidavit  from the abortionist and referring physician that they are not financially or legally affiliated.  HB 2035 will also allow local prosecutors access to those KDHE reports.

Pro-life leader Rep. Steve Brunk

Kansans for Life testified in support of the bill,which also would

  • enact parental consent, instead of notice, for girls under 18 seeking abortions;
  • create a court record and give direction to judges involved in parental waivers;
  • change the Kansas partial birth abortion limitation to a ban on the procedure unless needed to save the life of the mother.

Rep. Steve Brunk (R-Bel Aire), chairs the Federal State Affairs committee, (more…)

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