TDD #8: President Biden's Executive Order (Part 7)

On July 8, 2022, President Biden issued an Executive Order (EO) in response to the Dobbs v. Jackson decision overruling Roe v. Wade.

The Dobbs Daily is breaking it down, section-by-section, line-by-line.

Now, the EO isn’t very long, but it covers a lot of ground and mandates action in a very short period of time. 

You can read the full text here: 

The Dobbs Daily #2 included links to some of my posts about Executive Orders generally, so feel free to check that out if you haven't had a chance.

The Executive Order

The President's EO has 6 sections, we’ll unpack each section one-by-one over the coming days. Some sections have multiple subsections, so we’ll tackle the subsections independently. 

I’m not sure how long it will take to get through this, but we’ll go until we’re done!

Here are the 6 sections:

1 - Policy

2 - Definitions

3 - Protecting Access to Reproductive Healthcare Services

4 - Protecting Privacy, Safety, and Security

5 - Coordinating Implementation Efforts

6 - General Provisions 

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Today we continue unpacking Section 3: Protecting Access to Reproductive Healthcare Services.

Here's the full text:

Sec. 3. Protecting Access to Reproductive Healthcare Services. 

(a) Within 30 days of the date of this order, the Secretary of Health and Human Services shall submit a report to the President:

(i)   identifying potential actions:

(A) to protect and expand access to abortion care, including medication abortion; and

(B) to otherwise protect and expand access to the full range of reproductive healthcare services, including actions to enhance family planning services such as access to emergency contraception;

(ii)  identifying ways to increase outreach and education about access to reproductive healthcare services, including by launching a public awareness initiative to provide timely and accurate information about such access, which shall: 

(A) share information about how to obtain free or reduced cost reproductive healthcare services through Health Resources and Services Administration-Funded Health Centers, Title X clinics, and other providers; and 

(B) include promoting awareness of and access to the full range of contraceptive services, as well as know-your-rights information for those seeking or providing reproductive healthcare services; and

(iii) identifying steps to ensure that all patients ?- including pregnant women and those experiencing pregnancy loss, such as miscarriages and ectopic pregnancies — receive the full protections for emergency medical care afforded under the law, including by considering updates to current guidance on obligations specific to emergency conditions and stabilizing care under the Emergency Medical Treatment and Labor Act, 42 U.S.C. 1395dd, and providing data from the Department of Health and Human Services concerning implementation of these efforts. 

(b) To promote access to reproductive healthcare services, the Attorney General and the Counsel to the President shall convene a meeting of private pro bono attorneys, bar associations, and public interest organizations in order to encourage lawyers to represent and assist patients, providers, and third parties lawfully seeking these services throughout the country.

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Let's wrap up Section 3, part (a)(iii) and part (b).

EO TEXT:

(iii) identifying steps to ensure that all patients ?- including pregnant women and those experiencing pregnancy loss, such as miscarriages and ectopic pregnancies — receive the full protections for emergency medical care afforded under the law, including by considering updates to current guidance on obligations specific to emergency conditions and stabilizing care under the Emergency Medical Treatment and Labor Act, 42 U.S.C. 1395dd, and providing data from the Department of Health and Human Services concerning implementation of these efforts. 

(b) To promote access to reproductive healthcare services, the Attorney General and the Counsel to the President shall convene a meeting of private pro bono attorneys, bar associations, and public interest organizations in order to encourage lawyers to represent and assist patients, providers, and third parties lawfully seeking these services throughout the country.

COMMENTARY:

The third directive, or task, in the EO is for the Secretary of HHS to identify how pregnant women can be sure to receive emergency medical care regarding pregnancy, pregnancy loss, miscarriages, and ectopic pregnancies, particularly by considering updates to enforcement guidelines for the Emergency Medical Treatment and Labor Act: a link to the text of the law is below.

Here's the key takeaway:

If any participating hospital (basically a hospital receiving federal funds) violates the requirements of the law (which outlines when a hospital has to provide emergency care and when it can decline it), they can be fined up to $50,000 per violation (up to $25,000 for hospitals with less than 100 beds. The same goes for any physician who negligently violates any requirements as well. Patients who are harmed can bring a lawsuit against the hospital and/or physician.

In the final paragraph of Section 3, in para. (b) the President is directing the Attorney General and White House counsel (chief lawyer) to reach out to attorneys, associations, and public assistance organizations and encourage them to provide pro bono (or free) legal services to patients, healthcare providers, and anyone else who believes they may get in the crosshairs of abortion restrictions.

I haven't seen specific updates on this, but will advise if they become available.

That's a wrap for TDD #8.

We're making great progress ... so come back tomorrow for TDD #9 as we breakdown Section 4: Protecting Privacy, Safety, and Security. 

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WANT TO LEARN MORE? Check out my podcast I Am Roe, Hear Me Roar! ...

For a deeper dive into Roe v. Wade, what it says (and doesn’t say), listen to my podcast: I am Roe, Hear Me Roar! available on all podcasting apps. You can also listen, or read the transcripts, on my website here:

Episode 5 is live!

GOT QUESTIONS? Drop them below ...

If you have specific questions, please drop them in the comments. I’ll do my best to respond directly or in a future edition of The Dobbs Daily.

Thank you for hanging out with me ... more tomorrow with TDD #9.