Plain Language and Abortion

Senator Reid’s 383 page health care amendment includes this advisory to Insurance Companies:

USE OF PLAIN LANGUAGE.—The information required to be submitted under subparagraph (A) shall be provided in plain language. The term ‘plain language’ means language that the intended audience, including individuals with limited English proficiency, can readily understand and use because that lan guage is concise, well-organized, and follows other best practices of plain language writing. The Secretary of Health and Human Services and the Secretary of Labor shall jointly develop and issue guidance on best practices of plain language writing.

Now take a look at the “abortion compromise” that supposedly satisfied the supposedly pro-life Senator Ben Nelson, making him the 60th vote.  Remember, the dispute is over the use of Federal funds, in the form of subsidies to help individuals and businesses meet the new government mandate that they buy health insurance.  The original bill allowed those funds to pay for abortion and Nelson said that was unacceptable.  After reading this language ask yourself

1. Does this meets the criteria above for plain language?
2. Does Reid intend for all of us to understand the abortion compromise?
3. Did Senator Nelson actually ensure no federal funds would pay for abortion, or not?

‘‘(a) STATE OPT-OUT OF ABORTION COVERAGE.— ‘‘(1) IN GENERAL.—A State may elect to prohibit abortion coverage in qualified health plans offered through an Exchange in such State if such State enacts a law to provide for such prohibition.

(2) TERMINATION OF OPT OUT.—A State may repeal a law described in paragraph (1) and provide for the offering of such services through the Exchange.

‘‘(b) SPECIAL RULES RELATING TO COVERAGE OF ABORTION SERVICES.—‘‘(1) VOLUNTARY CHOICE OF COVERAGE OF ABORTION SERVICES.—

‘‘(A) IN GENERAL.—Notwithstanding any other provision of this title (or any amendment made by this title)— ‘‘(i) nothing in this title (or any amendment made by this title), shall be construed to require a qualified health plan to provide coverage of services described in subparagraph (B)(i) or (B)(ii) as part of its essential health benefits for any plan year; and ‘‘(ii) subject to subsection (a), the issuer of a qualified health plan shall determine whether or not the plan provides coverage of services described in subparagraph (B)(i) or (B)(ii) as part of such benefits for the plan year.

‘(B) ABORTION SERVICES.— ‘‘(i) ABORTIONS FOR WHICH PUBLIC FUNDING IS PROHIBITED.—The services described in this clause are abortions for which the expenditure of Federal funds appropriated for the Department of Health and Human Services is not permitted, based on the law as in effect as of the date that is 6 months before the beginning of the plan year involved.

‘‘(ii) ABORTIONS FOR WHICH PUBLIC FUNDING IS ALLOWED.—The services described in this clause are abortions for which the expenditure of Federal funds appropriated for the Department of Health and Human Services is permitted, based on the law as in effect as of the date that is 6 months before the beginning of the plan year involved.

‘‘(2) PROHIBITION ON THE USE OF FEDERAL
7 FUNDS.—
8 ‘‘(A) IN GENERAL.—If a qualified health ‘‘(2) PROHIBITION ON THE USE OF FEDERAL
7 FUNDS.—
‘‘(A) IN GENERAL.—If a qualified health plan provides coverage of services described in paragraph (1)(B)(i), the issuer of the plan shall not use any amount attributable to any of the following for purposes of paying for such services: ‘‘(i) The credit under section 36B of the Internal Revenue Code of 1986 (and the amount (if any) of the advance payment of the credit under section 1412 of the Patient Protection and Affordable Care Act). ‘‘(ii) Any cost-sharing reduction under section 1402 of thePatient Protection and Affordable Care Act.