HHS Directive Obstructs Law Enforcement
p.32
by Sgt. Ruben Rodriguez, copyright 1994

THE CLINTON ADMINISTRATION has taken what is, in effect, a step toward 
decriminalizing rape and incest. On December 28, 1993, Sally K. 
Richardson, Director of the Medicaid Bureau of the Department of Health 
and Human Services, sent a letter to all state Medicaid directors 
stating that "reporting requirements must be waived" for Medicaid 
funding of rape or incest abortions, based solely on the "treating 
physician's" opinion, regardless of any state laws requiring such 
reporting. 

With all due respect, the average doctor knows as much about 
investigating crime as detectives know about interpreting MRI brain 
scans. But we're not just talking about average doctors. Consider the 
mercenary character of abortionists (a relatively small group that is 
disowned by most self-respecting physicians); dangle some federal funds 
in front of them, and the results must be increased crime and fraud 
with our tax money. Abortionists will jump at the chance to get that 
money.

Why does the administration want to waive reporting requirements for 
rape and incest? 

It might really be a step towards decriminalizing rape and incest. The 
directive allows the destruction of vital evidence (the child's genes), 
which could help identify and imprison criminals, thereby preventing 
future rapes and incest. Rape, and especially incest, are of a 
repetitive nature. Women's organizations and police unions should 
scream bloody murder when a woman or child is raped by someone whose 
evidence of a previous crime was destroyed by an abortionist.

More likely (but more incriminating), the administration might be 
covertly advocating Medicaid fraud by undercutting state laws intended 
to detect and prosecute such fraud. Ironically, in an age of rising 
insurance rates caused by increasing insurance fraud and lawsuits, this 
throws the doors wide open so that a mother who was not a victim of 
rape or incest can get her abortion paid for by Medicaid. She only has 
to find an abortionist willing to attest that the supposed crime should 
not be reported to the police because it would adversely affect her for 
"physical or psychological reasons."

Sound familiar? These loopholes are as big as those in Roe v. Wade and 
Doe v. Bolton,* but worse. As one might expect, there is no mention of 
trimester limits or of anesthesia for preborn infants at any stage.

William Casey, governor of Pennsylvania, was the first of several 
governors to challenge this directive. Clinton, in a reply to Casey 
dated February 2, 1994, made no mention of crime or fraud. He stated 
that because of the supremacy clause in the Constitution, federal 
statutes must prevail when they conflict with state laws or 
constitutions.

Clinton told Casey that only a thousand abortions nationally would be 
affected. Only a thousand? He must have forgotten, or chosen to ignore, 
something called "statutory rape," which is unlawful sexual intercourse 
with a female who is under the age of consent (16, 17 or 18, depending 
on the state), regardless of whether she actually consents. This is 

common, compared to forcible rape, and Clinton wants Medicaid to pay 
for abortions for these girls.

Is Clinton the "law enforcement" president? This officer says, "No 
way." What's next? A "don't ask, don't tell" policy for convicted 
rapists and child molesters who want to enlist in the United States 
armed forces and American police departments? Don't laugh - it's not 
funny anymore. If it were absolutely impossible, it might be funny. 
However, under this present administration, nothing is too perverse.

*Roe v. Wade, the 1973 U.S. Supreme Court decision that legalized 
abortion, pretended to restrict abortion by requiring that an abortion 
in the third trimester be justified by the mother's "health." 
However, a companion decision, Doe v. Bolton, expanded the definition 
of "health" to include even the mother's age and emotional state.

Sgt. Ruben Rodriguez is President of the National Federation of 
[police] Officers for Life.

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