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Doomed HHS Rule Prohibits Defunding Planned Parenthood

In a desperate last attempt to protect Planned Parenthood funding, the Department of Health and Human Services (HHS) has finalized a rule that will forbid states to defund the abortion giant - but even abortion promoters know the measure is already doomed.

According to The New York Times (NY T), the new rule will require state and local governments to distribute Title X funds for services related to women’s reproductive care to all qualified providers regardless of whether they also perform abortions. Title X money is doled out in grants to states and nongovernmental organizations which distribute the money among health care providers seeking funds. The new rule says that states cannot withhold money from any provider for any reason that is unrelated to their ability to provide family-planning services.

“This rule will strengthen access to essential services like cancer screenings and contraception for some of the most vulnerable patients in this country,” Dr. Karen A. Scott, chief medical officer at the Department of Health and Human Services, said in a statement.

Scott added that during the public comment period, the department received “overwhelming support” for finalizing the rule with 91 percent of nearly 150,000 responses being in favor of the rule.

Rep. Diane Black (R-TN) was not among that 91 percent and was one of the first to condemn the rule when it was initially proposed in September. Black led more than 100 members of Congress on a bipartisan, bicameral letter opposing the rule which was sent to HHS demanding answers on the rule’s justification. When HHS failed to provide a substantive response, Black and Senator Joni Ernst sent a follow-up letter on November 28 requesting a thorough reply before the end of the year.

Rep. Diane Black (R-TN) Rep. Diane Black (R-TN)

“With this rule, we see an administration that has become unglued at the knowledge of the impending pro-life sea change in Washington, DC.,” Black said in a statement. “President Obama knows that hope is rising for the innocent victims of Planned Parenthood’s brutality and the big abortion industry’s days of taxpayer-funded windfalls are numbered. We should not be surprised that his administration would lash out with this eleventh hour power grab on the way out the door, but I am certain this rule will not stand for long.”

She added: “Come next year, our pro-life majorities in Congress will be positioned to work with President-Elect Trump and pro-life nominee for Secretary of Health and Human Services, Dr. Tom Price, to not only roll back this latest overreach but also to enact new legal protections for these most vulnerable members of our society. The Obama Administration will not have the last word. With this new year comes renewed opportunity to fight for the dignity of every unborn child, the wellbeing of every struggling mother, and the conscience rights of every American taxpayer.”

The new rule, which will not take effect until January 18, two days before the inauguration of President-elect Donald J. Trump; however, it is not expected to last for long. As the NYT reports, repealing the rule will require a new rule-making process, or a joint resolution of disapproval by the House and Senate, with concurrence by the new president – which is a very real possibility.

Even pro-abortion groups know this is a temporary fix. “This fight is not over,” said Planned Parenthood president Cecile Richards in a statement.

Prolife groups are already calling for the Trump administration – and its avidly pro-life new HHS Secretary – to immediately rescind the rule.

“The Obama administration, even in its waning hours, has chosen to put Planned Parenthood’s Big Abortion agenda ahead of women’s health and the right of states to decide how best to prioritize public health funding so that patients and the most comprehensive health providers come first,” said Alliance Defending Freedom Senior Counsel Steven H. Aden.

“Donald Trump should restore the focus on women’s health and the ability of states to best serve them by rescinding this Title X order immediately after taking office as president.”

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