DEFENSE OFFICIAL 2: Good afternoon, everybody. I admire you taking the time to be right here at the moment.
On June twenty fourth, 2022, the Supreme Courtroom issued its resolution in Dobbs v. Jackson Girls’s Well being Group overruling Roe v. Wade, and holding that the Structure doesn’t confer a proper to abortion. State legal guidelines which have come into power since Dobbs was — was determined to have impacted entry to reproductive healthcare, together with non-covered abortions, with recruitment, retention and readiness implications throughout the power.
Federal regulation restricts the Division of Protection from utilizing its funds or amenities to carry out abortions besides the place the lifetime of the mom can be endangered if the fetus had been carried to time period or within the case by which the being pregnant is the results of an energetic rape or incest, referred to usually as coated abortions. The Supreme Courtroom’s resolution in Dobbs doesn’t prohibit the division from persevering with to carry out coated abortions as described, and that are in step with federal regulation.
Because the resolution, the division has heard issues from service members and households and acknowledges that healthcare suppliers may additionally have issues in the event that they perform their lawful federal duties. A department-wide multi-disciplinary workforce has reviewed present insurance policies and procedures to evaluate the impression of the Dobbs resolution.
As Secretary Austin has made clear, nothing is extra vital than the well being and well-being of our individuals, and to that finish, at the moment, the secretary has signed a memorandum entitled, “Making certain Entry to Reproductive Healthcare,” directing further actions to make sure service members and their households are in a position to entry reproductive healthcare and DOD healthcare suppliers are in a position to function successfully in step with federal regulation.
Typically, the highlights of the Secretary’s memo fall into 4 principal classes. These 4 principal classes are preserving privateness for service members, defending healthcare suppliers, guaranteeing entry to reproductive healthcare and bettering consciousness of recourses, and if I could, my colleague and I’ll evaluate a few of the particular actions inside every a kind of classes.
Returning to the primary that I discussed is preserving privateness for service members, and to that finish, the division will difficulty uniform insurance policies establishing further privateness protections for reproductive well being data for service members, and this contains motion to make clear when reproductive data is shared with commanders. Instructions standardize and lengthen the timeframes for service members to tell their commanders a few being pregnant and course that ensures commanders train objectivity and discretion when dealing with reproductive healthcare points. These actions will guarantee service members have the time to make non-public selections about their reproductive healthcare whereas sustaining the duty of commanders to satisfy operational necessities and shield the well being and security of these of their care, in step with readiness.
DEFENSE OFFICIAL 1: And good morning to you all, additionally. On defending healthcare suppliers, the division will develop applications to assist DOD healthcare suppliers who could also be involved about authorized threat for performing their official duties. This contains creating acceptable mechanisms to reimburse relevant charges for DOD healthcare suppliers who wish to acquire licensure in a distinct state from the place they’re at the moment licensed, and to offer indemnification and reimbursement as acceptable if DOD healthcare suppliers are subjected to authorized motion for performing their official duties.
Now, I ought to caveat that these initiatives will reassure — are being performed to reassure our DOD healthcare suppliers that they’ve DOD’s assist when in offering federally-authorized reproductive healthcare throughout the scope of their official duties, and we have now gone and had many interactions throughout the federal authorities with DOJ and others to affirm, and really feel that we confidently can say that our healthcare suppliers will likely be protected. Over.
DEFENSE OFFICIAL 2: The third class we talked about, guaranteeing entry to reproductive healthcare — inside that line of effort, service members who don’t essentially management the place they’re stationed, and because of the nature of army service, are often required to journey and transfer to satisfy operational necessities. The division will due to this fact develop insurance policies to make sure service members are in a position to entry reproductive healthcare no matter the place they’re stationed. This contains insurance policies permitting service members to request an administrative absence from their regular responsibility stations with out being charged go away and journey allowances for service members and dependents who should journey to entry reproductive healthcare and would in any other case must pay for that journey themselves. It will embrace journey for reproductive healthcare not coated by the Division of Protection similar to non-covered abortion companies and sure non-covered assisted reproductive expertise companies similar to in vitro fertilization. Whereas allowances will cowl journey and transportation, it is very important observe that the service member is answerable for the charges related to the non-covered reproductive healthcare.
These insurance policies will scale back the burden and prices for our service members and their dependents who could require to journey higher distances to entry reproductive healthcare.
DEFENSE OFFICIAL 1: Now, we additionally understand that we have to enhance consciousness of assets which might be obtainable for reproductive healthcare, so the division’s taking steps to make sure service members and their households have entry to assets and details about their reproductive healthcare, and these actions are together with increasing walk-in contraceptive companies in any respect army medical therapy amenities with acceptable medical capability functionality; implementing a complete contraception training marketing campaign, enhancing data on our army well being system web sites and army medical therapy amenities concerning the sorts of reproductive healthcare obtainable; and offering factors of contact for beneficiaries to get assist if they’ve hassle assessing reproductive healthcare within the army well being system.
These steps construct on a few of our earlier actions, like publishing (Qs and As ?) internally for our — our members and dissemination of reproductiverights.gov web site to make sure our beneficiaries perceive what sort of healthcare is offered to them and who they’ll depend on for authoritative data and for assist.
DEFENSE OFFICIAL 2: I imagine it is acceptable and — that a lot of you’d say “nicely, why are we taking these — these steps at the moment?” And the reply is that for the reason that Dobbs resolution, Secretary Austin has been clear that the division would carefully study the choice and associated state legal guidelines and that we might consider insurance policies to make sure seamless entry to healthcare, in step with federal regulation.
Within the intervening months, as we talked about, the division has heard from a cross-section of specialists with representatives from every of the army departments and companies, we have engaged with impartial researchers like Rand, and we have heard immediately from impacted service members. All these engagements have knowledgeable these actions that we’re speaking about at the moment.
And it’s clear that the Dobbs resolution has diminished entry to reproductive healthcare with recruitment, retention and readiness impacts throughout the power and the choice has created complexity, confusion and nervousness for service members and households who could now must journey important distances for reproductive healthcare and for DOD healthcare suppliers who could have issues about authorized threat.
The actions that we’re asserting at the moment is the subsequent step as a part of the deliberate and intentional course of the place Secretary Austin will assist guarantee entry to reproductive healthcare for our service members and their households and tackle issues raised by the power and our DOD healthcare suppliers concerning privateness, threat of legal responsibility, and readiness.
And with that, I will flip it again over to (inaudible) to assist handle questions.
STAFF: One second. All proper, we’ll go forward and kick off with our questions and solutions. All proper, beginning with Tara Copp.
Q: Hello, thanks for doing this. I hope you may hear me. My microphone began having some points. I wished to get again to the timing of this and the impression. Clearly, entry to reproductive care has develop into a significant difficulty within the midterm elections and there are some questions on whether or not or not service members would proceed to have the identical varieties of entry they might if insurance policies — you realize, if Congress switches fingers. Was there a way of urgency to get this coverage out previous to the midterms?
DEFENSE OFFICIAL 2: No, we admire that query. And as I discussed, the Secretary and the division has taken a considerate and deliberate method in creating the actions that we talked about. In his assertion instantly following Dobbs, the Secretary acknowledged that the division is analyzing this resolution carefully and evaluating our insurance policies to make sure we proceed to offer seamless entry to reproductive healthcare as permitted by federal regulation.
And as you could know, inside days of the Dobbs resolution, the division issued steerage to reassure the power that we might proceed to offer federally licensed healthcare and would take motion to extend entry to contraceptive service — companies.
And through the time since, we have performed that multi-disciplinary workforce to evaluate our current insurance policies and analyze the impacts of the Dobbs resolution on recruitment, retention and readiness, and we wished to ensure that we spoke immediately with service members and households to grasp the place their biggest wants had been.
And I can’t — simply actually reassure you that we — we took a considerate and deliberate method, and whereas we’re asserting the actions at the moment, there’s extra work for us to do on our finish to develop the ultimate particulars of these insurance policies. And the Secretary’s memo prioritizes a few of these actions and emphasizes that our work on drafting coverage and implementing steerage needs to be accomplished by the tip of this calendar 12 months.
So we’re making this announcement at the moment however the work continues.
Q: After which simply as a fast comply with up, have you ever seen any impression to recruiting or retention on this calendar 12 months after Dobbs? And was there a priority that households or — or feminine service members could not resolve to re-up due to the uncertainty of being based mostly in a state the place there was no entry?
DEFENSE OFFICIAL 2: We’ve got — each in discussions with service members and in wanting on the analysis that we talked about from Rand, we do have data, each quantitatively and qualitatively, indicating that there’s issues with respect to concerns for army service, concerns for persevering with service as soon as in, consideration for household selections, issues about being stationed in a location the place they could not have entry to this data or entry to those — these companies.
And so we do really feel that we have now performed the deliberate work to ensure that these actions are knowledgeable by the best wants of service members, households, and even perspective candidates.
STAFF: All proper. Subsequent query, Meghann Myers.
Q: Thanks a lot. I wish to hone in on the privateness initiative right here, the steerage that healthcare suppliers could not disclose reproductive well being data except, for example, there’s a threat of hurt to mission. That looks as if a fairly broad litmus take a look at and one thing that could possibly be simply abused. Are you able to supply some examples of what is likely to be thought of a threat to mission, and whether or not the steerage that comes out will likely be a bit of bit extra slim about what these eventualities are?
DEFENSE OFFICIAL 1: Sure. We — we felt that it was vital to be clearer on that. And so we’re creating a — creating insurance policies, identical to we have performed just lately with behavioral well being, on form of the left and proper boundaries, if you’ll, for notification to assist and simply make it clearer.
There clearly are a variety of examples of the place it is vital to find out about that data, significantly from a — you realize, a security of the mom and the fetus perspective, for exposures, et cetera, and so — and in addition mandated statutorily at occasions, relying on what their MOS is.
So what — the intent of the coverage is to make clear these form of conditions, if you’ll, and ensure that the commanders get the knowledge they should make the correct selections to guard the person and we will shield people from a privateness perspective and permit them to make their selections.
And naturally, a part of the purpose of the coverage is to attempt to standardize that method throughout the DOD so we have now constant implementation of the coverage. I hope that helps.
Q: I wish to comply with up. The examples you gave are about dangers to the girl or dangers to the unborn youngster however that does not instantly strike me as a scenario the place it will be a threat of hurt to the mission.
, examples the place — I may consider the place somebody may attempt to invoke that is you might have an upcoming deployment, you might have an upcoming coaching rotation, and which may — I do know that these are healthcare suppliers and they also might not be considering alongside these traces, however that looks as if an in the place somebody may make the case that there is a threat of hurt to mission if there is a pregnant lady going to coaching and she or he may must — you realize, she may must drop out at any level, you realize, both giving late discover or — or, you realize, have one thing occur through the coaching and she or he wants to depart.
So these are the — the examples, the place it’s not concerning the lady; it is about this threat to mission, and what does that basically imply?
DEFENSE OFFICIAL 1: However I feel that’s a part of what we’re, you realize, working the coverage by means of, due to the query about being pregnant and deployment, a ship instantly getting underneath means, these types of items. But in addition, we would like to have the ability to shield the person having to reveal that data.
And as you see within the memo, that’s — we’re extending that time frame, not solely to permit them to make good selections, but additionally, at occasions, people who’ve been experiencing issues with fertility will discover that they do not wish to acknowledge the truth that they’re pregnant as a result of they do not know whether or not they’re going to have the ability to carry it to time period. So I feel each of these are — are essential items of defending the privateness piece.
However again to the mission, clearly that is — that is what we’re working by means of, to ensure that we have now the least impression on the mission whereas, once more, attempting to guard the — the girl and her fetus.
STAFF: All proper, subsequent query, Lara Seligman?
Q: Hello, my query’s been — been requested and answered. Thanks.
STAFF: Thanks. Heather Mongilio?
Q: Hello, thanks a lot. I used to be questioning if we will get some numbers on, for the reason that Dobbs resolution, what number of girls have requested go away for — or, you realize, childbearing individuals have requested go away for abortion companies, and what number of abortion companies the DOD has been in a position to present for the reason that Dobbs resolution?
DEFENSE OFFICIAL 1: We — we do, on an annual foundation, report data to — to Congress. However we have now not performed, you realize, a selected research that data for the reason that Dobbs resolution.
STAFF: All proper –
(CROSSTALK)
Q: Wait, sorry, actual fast, simply to comply with up, is that — these numbers that you just talked about are reported to Congress. Are these public?
DEFENSE OFFICIAL 1: Sure, I feel, as a result of they’re reported to Congress. However I can inform you that, throughout the army therapy amenities, you realize, we solely do coated — coated abortions. And between 2016 and 2021, there have been a complete of 91 that had been accomplished, if that is useful.
Q: Sure, thanks.
STAFF: All proper, over to Rebecca Kheel?
Q: Thanks for doing this. By way of the executive absences and the journey allowances, how are you going to make sure these are granted, whereas balancing the privateness points that you have talked about, if a lady does not really feel comfy disclosing why she’s asking to take time without work or, you realize, if she’s anxious about some form of official documentation that she’s getting an abortion in a state the place it is authorized to get an abortion?
DEFENSE OFFICIAL 2: I feel I can tackle that. Our aim right here is to make sure that we have now a menu of choices, so to talk, the place service members and households can select the method that most closely fits their wants. So, after all, taking, you realize, particular person go away, or chargeable go away, is all the time an possibility, ought to the member select to not disclose any further data.
However insofar as the executive absence and journey allowances, as we develop these insurance policies, the aim is to additionally present further privateness in making these selections, however in doing so, we acknowledge that — that we could must have a bit of little bit of details about the — why they could must take these applications however it could simply be a — a — with respect to healthcare and reproductive healthcare with out essentially offering particulars.
Q: Okay, so if they need the non-chargeable go away or the journey allowance, they’ll simply say it is for reproductive healthcare versus particularly for an abortion?
DEFENSE OFFICIAL 2: The division will present particular steerage as soon as we finalize the insurance policies, however as we’re working (by means of ?) improvement, the aim is to steadiness privateness pursuits with additionally executing the requirement.
STAFF: All proper, over to Jared Serbu.
Q: Hello there. I wished to ask a bit concerning the supplier indemnification piece, which, you realize, appears sort of easy on the civil facet and the executive facet — however — however what may or what would the division do in a case the place, for example, a state tries to say felony jurisdiction and prosecute a supplier who performs a coated abortion at an MTF? Like, what — what are — what are the choices there?
DEFENSE OFFICIAL 1: So that you had already talked about on — the civil facet. Definitely that is the place we might have help, et cetera. If it — if it is a felony cost, then it will be deferred to the Division of Justice.
Q: Who would do what? Present protection counsel to the supplier or what?
DEFENSE OFFICIAL 1: They would offer illustration, though that will likely be as much as the Division of Justice, after all, relying on the specifics of the case.
STAFF: All proper, over to Haley Britzky.
Q: Hello, yeah, thanks for doing this. I wish to comply with up on that final query, simply to ensure I am understanding proper. So once we’re speaking about, you realize, in — within the occasion {that a} supplier is likely to be dealing with some form of lawsuit or one thing, what’s the DOD’s motion or — or, you realize, function in offering that assist if the Division of Justice is primarily going to be dealing with that?
DEFENSE OFFICIAL 1: So clearly, if Division of Justice is taking the case, we might work with them to coordinate the response, however they’d be clearly — we might be in assist of our — of our member and/or worker.
So — and, after all, that is a part of what we’re working by means of in creating the insurance policies.
Q: Okay. After which simply to comply with up on one thing else earlier, so there — there is not but actually a set path for when — you realize, service members requesting that journey allowance? I suppose I am simply attempting to assume forward to, you realize, it — placing — placing myself within the sneakers of a service member who could also be requesting that go away and, you realize, attempting to guard their privateness as a lot as potential and keep away from form of the rumor mill of their unit or at their set up, that they are touring to get an abortion.
So, I imply, what — what sort of assurances are you able to give service members there, that they are going to have the ability to — to, you realize, use these issues that you just all are providing but additionally shield their very own privateness and their very own repute?
DEFENSE OFFICIAL 2: Properly, commanders are charged with balancing the wants of each their items and their members in an equitable — equitable method, in step with division coverage, to make sure the readiness of their items and shield the well being pursuits of these service members.
In order I discussed, as we develop these insurance policies, our aim is to steadiness the privateness pursuits of the service member and their potential to make private selections with the wants of commanders to handle operational necessities and — and readiness selections.
And as I discussed earlier than, you realize, a part of our method right here is to emphasise the significance of commanders displaying objectivity, compassion and discretion when addressing all healthcare issues, this one included. And positively, that — that goes hand in hand with, you realize, defending PII data.
And so, once more, we are attempting to offer a spread of choices, from taking private go away throughout administrative absence after which journey assist in order that they’ll resolve how finest to method a choice for their very own wants and pursuits.
STAFF: All proper, over to Jennifer Hilad.
Q: Hello, thanks for doing this. I had truly two questions. One is fairly fast although.
So for the journey provisions, each of them however I suppose extra so for the overlaying the prices, does that additionally apply to troops and households abroad? I do know that there are some international locations the place there are troops — U.S. troops that it’s both unlawful or very, very troublesome to get an abortion out on the town.
DEFENSE OFFICIAL 2: We’re, as I discussed earlier than, working by means of the — the coverage particulars however I anticipate the reply can be sure. Our aim is definitely to offer equitable therapy throughout the board for all service members and the — and households.
Q: Okay. After which that is only a clarification factor. If you had been speaking concerning the coated abortions, that — does that embrace if there’s like a D&C after miscarriage or regardless of the process is to take away an ectopic being pregnant, so long as it — nicely, clearly an ectopic being pregnant threatens the well being of the — or the lifetime of the mom — however the — the miscarriage D&C, does that — is that every one underneath the identical umbrella or is that one thing totally different?
DEFENSE OFFICIAL 1: From a medical perspective, it is one thing totally different.
Q: Okay.
DEFENSE OFFICIAL 1: However it’s — all of the — all of what you described is a part of our coated profit, if you’ll.
Q: Okay. So they might get all of that performed at a medical army therapy facility is mainly my query.
DEFENSE OFFICIAL 1: That is precisely proper.
Q: Okay.
DEFENSE OFFICIAL 1: And simply to make clear, once I gave you the variety of 91 — not you however one of many different —
(CROSSTALK)
Q: — proper.
DEFENSE OFFICIAL 1: — that was speaking concerning the choose coated abortions which might be associated to the — incest or rape and/or saving the lifetime of the mom.
Q: Okay, so not essentially these different — the opposite issues. Okay, cool.
DEFENSE OFFICIAL 1: That is proper.
Q: Thanks.
STAFF: All proper, over to Barbara Starr.
Q: I’d additionally like to return, if I could, to the indemnification query. So my — my first query is simply to ensure I am not getting this unsuitable. The — even with Dobbs, coated — coated abortions coverage underneath the Hyde Modification supersedes Dobbs, proper?
DEFENSE OFFICIAL 1: Sure, if performed in federal — underneath federal authority in one among our medical therapy amenities, for instance.
Q: Proper. In order that’s sort of — that is the place to begin. So I do not perceive — I am sorry, I simply do not perceive. So if it is all mainly set out underneath the Hyde Modification and people classes of a coated process, why would there even be a query of civil or felony penalties, lack of license, reprimand? Why would it’s a must to develop insurance policies to — that is the primary a part of my query — why do you even must develop these insurance policies of safety for suppliers if they’re merely finishing up procedures coated underneath the Hyde Modification?
DEFENSE OFFICIAL 1: That is a very good query. The fact is, is {that a} weighted — we — the rationale why we’re doing it’s to reassure our suppliers. The underside line is, is that we expect if it is performed underneath federal jurisdiction, it is not going to be an issue, however with, fairly frankly, all of the press and different issues which might be on the market, there’s an underlying form of concern concerning the potential —
(CROSSTALK)
DEFENSE OFFICIAL 1: Sure?
Q: Do you assume — is that this additionally, then, if I may simply discover it for one second. So that you developed these insurance policies, and if it is form of aimed toward, ought to a state or some occasion in a state file — I wish to say a lawsuit. Perhaps that is the unsuitable phrase — file some sort of motion towards a supplier in what you may understand as a take a look at case, you might have these procedures you wish to got down to shield a present — one among your suppliers towards a take a look at case state of affairs of the Hyde Modification versus Dobbs. That make sense?
DEFENSE OFFICIAL 1: Sure, ma’am, it does, and backside line is, is we simply wish to assist our suppliers.
Q: Okay, so let me simply ask you this in a short time: You are saying you are going to develop insurance policies, and also you stated, once more, ought to there be a felony case, it will be as much as the Justice Division to take it, as it’s with all felony motion towards DOD. However there is no assure, so will this — what is going on to be on this coverage that’s going to reassure suppliers?
DEFENSE OFFICIAL 1: Properly, as — as we have reiterated a variety of occasions throughout this conversations, the coverage continues to be underneath improvement. As soon as it’s performed, after all, we are going to share it broadly.
Q: Sure, I received you.
DEFENSE OFFICIAL: Thanks.
Q: All proper. Thanks. I admire it.
MODERATOR: All proper, that is all I’ve on the listing for questions. If — we do have a bit of bit extra time right here. Is there anybody else within the room that may have a query?
Q: Hey (inaudible). Are you able to hear me?
MODERATOR: Sure. Kristina Wong?
Q: Sure. Hello. Thanks a lot. Simply to make clear, the DOD will create journey and transportation allowances for abortions which might be non-covered as nicely? Is — is — is that appropriate?
DEFENSE OFFICIAL 2: Sure, that’s appropriate.
Q: Okay, thanks.
Q: Hello. Ellen Milhizer right here with a query. Does this coverage give DOD suppliers inside MTS clearance to debate choices for getting abortions that aren’t coated that service members would wish to journey for? So are you — you realize, is a DOD supplier allowed to assist the service member determine the place to go and tips on how to get an abortion?
DEFENSE OFFICIAL 1: I feel broadly, every time a supplier has a relationship with a affected person, they may speak by means of their numerous healthcare wants. And so we shouldn’t have a prohibition on our suppliers, you realize, offering counseling, if you’ll, in these sorts of conditions. That is a part of the usual of look after the supply of medication.
Q: Thanks.
Q: Hello. That is Maureen Groppe with USA As we speak. I simply wished to
ask concerning the language on the journey allowance that claims this’ll be performed in step with relevant federal regulation. So it — what — how does (inaudible) the regulation presumably limit how you’d use this to arrange this fund? And the way are you assured that there is not going to be a authorized problem to it?
MODERATOR: All proper. It seems we —
DEFENSE OFFICIAL: (inaudible) —
(CROSSTALK)
DEFENSE OFFICIAL 2: Are you — would you want me to reply that query?
MODERATOR: Oh, I am so sorry. I apologize.
DEFENSE OFFICIAL 2: That is okay.
MODERATOR: Please do reply the query. My — my apologies.
DEFENSE OFFICIAL 2: No, in no way. Simply to reply, these actions are absolutely in step with federal regulation, and the division has labored carefully with the Division of Justice, which has offered a authorized written opinion on the — the authority to offer journey and transportational (sic) allowances that make sure the well being of the power.
