And it was more than Jackie Fabbi could take. After listening to nearly 90 minutes of accusations, interruptions and debate about time limits, Fabbi offered herself as the only one in the room who had actually had to consider terminating a pregnancy when the fetus was doomed to die.
In a hearing stemming from legislation meant to appease Utahns who do not want their taxes paying for abortions, Fabbi threw the money back in the crowd's face.
"I would have paid anything to save my baby's life. I didn't have that choice. He was dying," Fabbi said. "My insurance paid for it. Your tax dollars didn't."
Then she rushed out of the room in tears.
Department of Health attorneys drafted the rule to guide health care providers and department employees in the wake of a new law meant to block direct or indirect public funding of abortions. Senate Bill 68 allows doctors to terminate pregnancies only in cases of rape, incest or severe damage to a "major bodily function" of the mother.
Doctors and hospitals that break the law could lose reimbursement for treatment of Medicaid and Children's Health Insurance Program patients. And health department employees who mistakenly send such payments on could be fired.
The law went into effect May 3. At the same time, Utah hospitals - led by University Health Sciences Center and Intermountain Health Care - changed their policies to divert pregnant women with doomed babies to three Salt Lake City women's clinics. Doctors estimate perhaps 70 Utah women a year end such pregnancies - usually by inducing labor early.
Five years ago, Fabbi selectively ended the life of one of her unborn twins when he was diagnosed with cystic hygroma, a fatal defect where the baby's lymphatic system will not drain properly. Doctors told her the procedure saved his sister's life.
The proposed rule establishes an accounting method for hospitals to "certify" that only "nonpublic" funds - insurance payments, charitable donations or a patient's personal check - paid for early delivery of a deformed fetus. Under rule definitions, public funds do not include bequests from benefactors, investment income or federal funds appropriated by Utah legislators. Hospitals that can separate their accounting will not violate the law.
Backers vs. opponents: "This rule will allow Utah hospitals and doctors to resume services related to grave fetal defects, if they choose," Health Department Director Scott Williams said in written comments attached to the rule.
Fabbi defended the rule. And a Salt Lake Tribune poll shows most Utahns are upset that the law left out exceptions for fatal fetal deformities. The survey June 10-15 of 600 Utah residents found 63 percent disagree with cutting off public funds to hospitals and doctors who terminate such pregnancies; 29 percent agree.
But the majority of about 30 speakers at Monday's hearing in Salt Lake City criticized the rule as a veiled attempt by "bureaucrats" to get around the legislative process and open up Utah hospitals to "abortions on demand."
"The purpose of that bill was to diminish abortions in the state of Utah," said William Sharp, Chairman of Life for Utah, a Catholic group that opposes abortion. He carried his own picture of an aborted fetus. "This rule has the purpose and intent of just doing business as usual."
Hearing officer Frank Mylar struggled to keep control as Accountability Utah members - three with video cameras taping the hearing - interrupted, tried to ask questions of other speakers and ceded their time to each other. Mylar broke into several speeches, reminding the speaker to talk about the rule - and not abortion in general.
The legislation's sponsor, Provo Republican Sen. Curt Bramble, disputed questions about the legitimacy of an administrative rule and definitions of "public funds."
"All this does is clarify, from an accounting perspective, what is indirect funding," he said. "We always anticipated there would be a rule."
Doctors' praise: Utah doctors and hospital administrators thanked department attorneys for writing a rule that they say will allow them to practice medicine again.
"We didn't know what we were allowed to do and what we weren't allowed to do, when we would go to jail and when we wouldn't," said Regula Burki, head of the Utah Section of the American College of Obstetricians and Gynecologists. "The regulations clarify the situation."
Mylar and Assistant Attorney General Doug Springmeyer will forward public comment on to Williams. The department director will review the comments and decide whether the rule should be changed in the next two weeks. If the rule is not amended it will take effect Aug. 3.
Meantime, Bramble has asked legislative attorneys to draft amendments to the legislation to allow exceptions for fatal fetal defects, refine exceptions for the mother's health and account for indigent mothers. Lawmakers could debate those amendments at a special session or the 2005 general session.


