He also cautioned at the time that “if a bishop trustingly accepts that Catholic hospitals in his jurisdiction are following the (ethical) directives in accord with his proper interpretation of those directives, he may be surprised to learn this may not be the case.”
During the fall of 2008, Bishop Alvaro Corrada of the Diocese of Tyler, Texas acknowledged that two hospitals in his diocese had performed “a large number” of sterilizations, despite their claim to be “in compliance with the Ethical and Religious Directives for Catholic Health Services.”
Bishop Corrada admonished both hospitals for their “serious misinterpretation” of those directives, and reached agreements with the hospitals to ensure their compliance in the future. However, the bishop also admitted his own “failure to provide adequate oversight of the Catholic Hospitals” in the Diocese of Tyler.
Leonard J. Nelson, a legal scholar and author of the book “Diagnosis Critical: The Urgent Threats Confronting Catholic Healthcare,” said Church-affiliated hospitals in some parts of the U.S. had become accustomed to minimal oversight, and often interpreted Catholic health care guidelines very differently from their local bishops.
Professor Nelson asserted that cases of sterilization at Catholic hospitals, or even abortions deemed “medically necessary,” are not necessarily rare.
“A lot of times, when I suspect this has happened, the bishops don't know about it. If (hospitals) are inclined to do those kinds of 'therapeutic' abortions, they're probably not going to tell the bishop.”
Nelson's allegations, if correct, could explain the reaction to the Phoenix case by the Catholic Health Association– a trade group that made headlines last year by strongly lobbying for a health care overhaul opposed by the U.S. bishops.
Sr. Carol Keehan, President and CEO of the trade group, issued a strong defense of the Phoenix hospital's decision to perform the abortion, and said the facility and its parent company were “valued members of the Catholic Health Association.”
Sr. Keehan's response “really stakes out some new territory,” Nelson observed.
Brehany, too, was struck by the tenor of Sr. Keehan's statement. It could indicate, he suggested, that the health association might be trying to position itself as a rival authority or “competing magisterium” to the U.S. bishops on issues of health care ethics.
Nelson and Brehany noted that the bishops may not have many practical options for calling the Catholic Health Association or its individual members to accountability. They could most likely continue to use the “Catholic” label, no matter what Church authorities might determine, they said.
(Story continues below)
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Following Bishop Olmsted's allegations against Catholic Healthcare West, Archbishop George H. Niederauer of San Francisco –where the company has its headquarters– announced on Dec. 23 that he was seeking to “initiate a dialogue” with the company accused of cooperating with the government to provide birth control, sterilization, and abortion.
Bishop Olmsted noted on Dec. 21 that Catholic Healthcare West and St. Joseph's Hospital “have made more than a hundred million dollars every year from this partnership with the government.” St. Joseph Hospital's parent company is the eighth-largest healthcare company in the U.S.
A spokesman for Archbishop Niederauer indicated to CNA that no additional information about the purpose or timetable for the discussions with Catholic Healthcare West would be provided at this time.