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Posts Tagged ‘Huelskamp-Kinzer amendment’

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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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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