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VIDEO: Hirono Secures Commitment to Protect VA Employees Who Provide Abortion Care, Questions VA Secretary on Unique Challenges Hawaii Veterans Face

WASHINGTON, D.C. – Today, Senator Mazie K. Hirono (D-HI), member of the Senate Veterans’ Affairs Committee, questioned Denis McDonough, Secretary of Veterans Affairs (VA), about legal protections for VA employees who provide abortion care—as well as challenges veterans in Hawaii face, including excessive wait times in VA facilities, during a full Committee hearing.

Following the VA’s Interim Final Rule (IFR) to allow the Veterans Health Administration (VHA) to provide abortions in certain instances—which Senator Hirono called for in a letter in July—the Attorney General of Alabama said that he “would enforce the law against any practitioner in the state who performs an abortion.” At the Senate Veteran Affairs Committee hearing, Senator Hirono asked Secretary McDonough about legal protections for health care providers under the department’s IFR. 

“The VA’s decision to provide abortion services in instances of rape, incest, and the life or health of the mother will save lives. There is absolutely no question that this Interim Rule will save lives,” said Senator Hirono in the hearing. “This is something I called on the VA to do—to come up with this Interim Rule. The Alabama Attorney General has already said that he will prosecute any provider, anybody who provides these services, and I would expect other Republican Attorneys General in the states where abortion is not provided to follow suit. Mr. Secretary, What legal protections do federal employees at VA have under the Interim Final Rule?”

In response to her question, Secretary McDonough publicly confirmed that according to the Department of Justice, VA doctors and health care providers who perform abortions are protected from legal prosecution under the department’s IFR, stating that “VA requested and has received now, just in the last couple of hours, an opinion from the Justice Department’s Office of Legal Counsel concluding that VA’s Interim Final Rule on access to reproductive health services is a lawful exercise of VA’s authority,” Secretary McDonough responded.

In the hearing, Senator Hirono also highlighted the unique challenges veterans living in Hawaii face, specifically those who live in rural communities. She inquired about the VA’s efforts to address long wait times at neighbor island facilities, and bolster staffing and recruitment of medical professionals in places like Hawaii that are experiencing longstanding staff shortages.

“Hawaii’s unique geography creates significant challenges for veterans when it comes to accessing care through both the VA or in the community—especially given Hawaii’s current shortage of health care workers,” Senator Hirono continued. “So veterans living in a more rural community—neighbor island veterans, not those living on Oahu—still sometimes have to wait months to get treated in the community, on the island which they live, when traveling to a VA facility on Oahu for example, could significantly reduce their wait time. If a veteran refers community care can be treated much sooner at a VA facility, does the Department provide reimbursement for travel?”

“We do have beneficiary travel,” Secretary McDonough replied. “This is an issue of particular concern I know to you in your state… The rules on that are governed by established practice and in some cases statute. But yes, we do provide reimbursement for travel. Not in every case, but in many cases.”

Senator Hirono encouraged Secretary McDonough and his Department to further clarify the guidelines and standards for VA reimbursement of care-related travel.

A link to download video of the Senator’s full question line is available here.

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