Lynch begins by noting that he waited eight days before
commenting because he wanted to study the new HHS regulations carefully and to
draw on the wisdom of lay people who have experience in the law, especially
those who work for Catholic health care facilities that would be impacted by
the regulations. While this would seem to be an obvious step, it was
nonetheless refreshing to hear the Bishop say it:
I
and almost every other bishop have waited while our own attorneys have studied
the “regs” in detail. I also have the added assistance as a member of the
Catholic Health Association Board of Directions, having listened to their
General Counsel’s careful opinion of what influence these new regulations would
have on Catholic Health Care interests. The
wise and prudent approach has suggested not rushing into comments without the
assistance of those more skilled in reading and understanding government
“legalese” than most bishops. (emphasis added)
It was also refreshing to read the bishop’s acknowledgment of a
genuine effort by the Obama administration:
1. Clearly, the Administration has been desirous of listening to and accommodating
the concerns of Catholics and other people and institutions of conscience,
like myself, who had real worries about the regulatory language in possession
up till last Friday. There has been a
serious effort to accommodate some of the conscience concerns of the
Catholic bishops and I feel some expression
of gratitude is due to the Administration. (emphasis added)
2.
One would be hard put to find any other
segment of the American public whose concerns about the Affordable Health Care
Act have attempted to be dealt with than those of the Catholic bishops and
other like-minded people on this very important matter. There have been
moments when I think we should consider ourselves lucky that they are still
talking to us. (emphasis added)
The bishop not only felt listened to, he believes that
substantive steps have been made and he states those clearly:
The
result has been that many of our concerns, about religious freedom and
conscience have been attempted to be met. For me the first attempt of the
government to define religious ministry outside of our houses of worship has
been addressed in the removal all together of the first three prongs of the prior
definition and I am personally at peace
with this aspect of the challenge. (emphasis added)
The bishop goes on to indicate that there are still areas that
he hopes to see changed during the comment period set up by HHS. He agrees with
Cardinal Dolan and the USCCB’s decision that “seeks to continue to explore
progress on some points which would lead to improvement” and he is hopeful for
more changes but very pleased with the steps that have been taken and left to
wonder if perhaps the Obama administration has listened to the bishops issues
more than the bishops have listened to the Obama administration:
We
still have time to work to smooth out some of the rough waters which lie ahead.
As one member, I would hope that our episcopal conference might be as open to
listening to the issues and challenges which government seems to face as I
believe they have been so far in hearing our concerns. But in the end, everyone
must prepare themselves for what is likely to be imperfect regulations drawn
from imperfect legislation. I still am grateful
that more universal health care coverage will be the first fruit of the
Affordable Care Act and I am beginning to feel that I can say to my
diocesan self-insured employees, all 1400 of them, that their moral right to
health care coverage will survive this moment. (emphasis added)
Near the conclusion of his statement the bishop makes a very
interesting point about the actions of other bishops, including those at the
USCCB headquarters. He clearly states his concern that many of these leaders
are not actually listening to the Catholic leadership at the local level who
lead the health centers and hospitals that would be affected. It is a serious
charge that leads to an interesting conclusion about the need for greater
humility on the part of bishops.
As
far as I know, at no time up to yesterday (Friday) since the new HHS regs were
made available for review and public comment, has anyone from the conference
structure consulted with legal counsel for other entities in the Church
(hospitals, college and universities, Catholic Charities) to ask their read on
how this proposal will affect their ministry. Yet the USCCB statement, it
seems, would have one believe that the above mentioned entities might fairly
have their “noses out-of-joint” because they are being given consideration
under the “accommodation” and not the “exemption.” I did not leave this week’s Board of Director’s meeting of the Catholic
Health Association thinking that all those CEO’s of systems and related members
felt they were being treated as second class citizens by these new regulations.
Perhaps we bishops need a little more
humility from time to time, recognizing that we are not the only “game in town”
but that there are other players, women and men of great faith who also love
the Church, and who can speak for themselves and their organizations, on what
effect legislation, proposed legislation, regulations will have on their
ministry. A more collaborative effort might lead to greater results.
(emphasis added)
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