Misleading Leadership: The Deliberate Deception of Recommendation 5.5

Abstract

On August 1, 2011, the Department of Health and Human Services accepted the Institute of Medicine's recommendation that all Food and Drug Administration—approved contraceptives and sterilization procedures be made available to women without incurring out-of-pocket costs. The Institute of Medicine and the Department of Health and Human Services have deliberately misled the American people by claiming that this mandate would not include abortifacient drugs, that conscientious objection would be honored, and that this provision is essential to preserving the health of women. The author rebuts each of these claims by appeal to the scientific, medical, legal, and political facts surrounding these claims. In doing so, he argues that the recommendations include at least three abortion-inducing contraceptive methods. Likewise, he illustrates that the current administration has shown no will to protect the inviolable right of conscience of both individuals and institutions. Finally, he draws the reader's attention to the known deleterious side effects of oral contraception, emphasizing that these recommendations ultimately encourage women to use drugs that put them at a greater risk of harm. The author concludes that the Institute of Medicine and the Department of Health and Human Services have neglected their responsibility to American women and have misled and deceived the American people.

As the Patient Protection and Affordable Care Act was nearing passage, Senator Barbara Mikulski (D-Maryland) secured an amendment—the “Mikulski Women's Preventive Health Care Amendment”—that gave the Department of Health and Human Services (HHS) the authority to delineate preventive care uniquely necessary for women. ¹ The secretary of HHS, Kathleen Sebelius, tasked the Institute of Medicine (IOM) with undertaking a systematic review of those preventive services that should be covered, without payment, for all women. On July 19, 2011, the IOM submitted a 210-page report recommending eight preventive services. ² Seven of these recommendations involve important screening, counseling, and testing for common health risks facing women. Recommendation 5.5, unfortunately, was a recommendation of a different kind. It stated, “Women will have access to all Food and Drug Administration (FDA)—approved contraceptive methods, sterilization procedures, and patient education and counseling. These recommendations do not include abortifacient drugs.” On August 1, 2011, in a quietly made announcement in the corner of the HHS website, the federal government accepted the IOM recommendations wholesale. ³