CINCINNATI, Ohio, October 1, 2015 (LifeSiteNews) – Ohio Department of Health Director Richard Hodges, an appointee of Gov. John Kasich, made a behind-the-scenes deal with Planned Parenthood and another abortion business so that they could keep doing surgical abortions while appealing a license denial.
On Friday, the Kasich administration's Department of Health denied surgical license exceptions for Planned Parenthood in Mount Auburn and Women's Med in Dayton, because they do not have the ambulatory agreement with a local hospital required for a surgical facility license. In Ohio, a patient transfer contract is required in order to save the lives of women in cases of botched surgical abortions.
On Monday, U.S. District Court Judge Michael R. Barrett ordered that the two businesses may stay open and continue committing abortions while they appeal ODH's decision.
The judge's decision flies in the face of a new Ohio law, which went into effect this week, that requires abortion businesses to close if they are denied a surgical license. It's called the “Automatic Suspension Provision,” and Planned Parenthood and Women's Med are suing the state over it. The ODH denial came just in time for the abortion facilities to avoid the new law.
Had ODH director Hodges waited one week, he could have closed both facilities.
Judge Barrett's order reveals that the state and the abortionists made a behind-the-scenes deal: ODH would intentionally issue its denial of license exception before the new law went into effect, with the result that the abortionists would be able to stay in business.
“Since the Director's actions were taken prior to the effective date of [the Automatic Suspension Provision], the parties agree that the provisions of … the Automatic Suspension Provision will not apply to these variance denials,” the judge's order states. The abortion businesses were seeking a preliminary injunction to stay open.
If the two abortion facilities had been forced to close, the number of surgical abortion businesses in Ohio would have decreased to seven, from 14 in 2013 – thanks in no small part to Gov. Kasich and the Republican-controlled state legislature. If Planned Parenthood in the Cincinnati suburbs were to close, the city would be the largest metropolitan area in the nation without an abortion business.
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ODH director Hodges promised the abortionists that they could keep aborting while they appeal. “Director Hodges has provided Plaintiffs with the opportunity to request a hearing … and has assured the Plaintiffs that if they request a hearing 'you may remain in operation while the administrative proceedings take place,'” the judge's order explains, directly quoting Hodges.
Cincinnati-based Life Issues Institute President Brad Mattes commented to LifeSiteNews, “The state of Ohio should have the backbone to close Planned Parenthood if it's unable to follow legal requirements to keep it open. Those laws were designed to protect the lives and health of women.”
“We don't need another unsuspecting woman to die, to remind us that those laws are there for a reason,” Mattes added.
Director Hodges was not available for an explanation when contacted by LifeSiteNews, nor was ODH general counsel Lance Himes. On Tuesday, ODH director of communications Melanie Amato confirmed the basic facts to LifeSiteNews and assured LifeSiteNews that ODH would have an explanation soon.
A day later, the official ODH response came to the question of why ODH timed its actions to benefit the abortion businesses.
On Wednesday, LifeSiteNews received this statement from Amato:
ODH is denying the variances to protect the health of patients in the facilities. The proposed variances would not provide for adequate clinical coverage to protect patients during an emergency situation. In the absence of a written transfer agreement, the Department of Health may grant a variance if it feels that the proposed alternative takes the needed steps to protect patient health which is paramount. In these cases, the Department of Health determined that these variance requests did not meet or exceed the level of patient protection that is essential. The facilities will be able to continue to operate while they appeal the proposed revocation if they choose to appeal. We have no other comment.
LifeSiteNews replied via email, pointing out that the statement did not answer our question. ODH has not offered clarification.
