SIOUX FALLS, S.D. — The bishop of a South Dakota diocese criticized a Catholic health-care provider’s decision to comply with the federal contraception mandate without seeking diocesan counsel or authorization.
Jerry Klein, delegate for social outreach for the Diocese of Sioux Falls, told CNA that “there is a continued dialogue between the diocese and Avera” Catholic health-care systems, but that a response from the health-care provider is “not anticipated.”
Avera, a regional health network in South Dakota operated by the Benedictine and Presentation sisters, runs more than 100 hospitals, clinics and nursing homes throughout the area.
On March 1, Bishop Paul Swain of Sioux Falls wrote a letter to the clergy of the diocese notifying them that Avera had decided to change its policies to conform with a federal mandate requiring health insurance plans to offer free coverage of contraception, sterilization and early abortion-inducing drugs.
Catholic bishops from every dioceses around the country, including Bishop Swain, have banded together to oppose the mandate, arguing that it coerces individuals into violating their deeply-held religious beliefs by forcing them to provide these products and procedures.
“This development is troubling in a number of ways,” wrote Bishop Swain of Avera’s decision to comply with the mandate. “Most importantly, as an organization, Avera will now be materially cooperative in the termination of life.
“Avera’s decision,” added the bishop, “creates public scandal; as a Catholic institution, its practice is of course inconsistent with Church teaching.”
The bishop described Avera’s healthcare over the years as a “ministry of hope” and “a great gift of loving service to those in need,” made possible by the “heroic sacrifices” of all those involved. Because of all the valuable services that have been provided by the system, he said that he was “deeply saddened” by news of Avera’s decision to include the immoral coverage.
“While healthcare today is complex and highly regulated,” said Bishop Swain, “compliance with government requirements must not be viewed as licit reasoning for compromising moral teachings.”
He explained in the letter that Avera’s president and CEO, John Porter, said that he had personally made the decision to bring the company into compliance with the mandate.
Bishop Swain added that he was neither consulted nor informed of the decision before it was made.
Two members of diocesan offices in Sioux Falls had been members of the Avera board of directors and finance committee. However, the men did not play any part in the decision, and both have since resigned from their posts on the board.
Currently, Avera’s policy change applies only to health insurance plans offered through for-profit businesses and for individuals. Plans covering priests and lay diocesan employees have not been affected because they are currently protected by a one-year “safe harbor” period. The government is currently preparing details of a revised policy for religious groups that will take effect when the safe harbor period ends; however, the initially proposed ideas have been criticized as inadequate to protect religious liberty.
Bishop Swain told his priests that he wanted them to be informed of the development because many Catholics in the diocese “have grown accustomed to choosing a health insurance plan or medical providers based upon the Catholic mission of Avera,” but the group’s recent decision “ends our ability to blindly trust that all its activities are consistent with Church teaching.”
He said that he has asked Avera’s administration to stay in touch with him so that both dialogue and consultation can be offered as the regulations go into effect for religious employer plans later this year.
“Sadly, we must consider whether a Catholic healthcare delivery system in our day will be able to balance the regulatory and financial obligations it faces in order to remain a viable business while maintaining its unique and important mission of the healing ministry of Jesus,” he said.
The bishop added, “Let us all continue to pray that our religious liberty and freedom of conscience might be protected and that those who carry out the ministry of Catholic health care might be encouraged to persevere when facing financial and regulatory adversity.”


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if Avera is going to financially support abortions, it is hard to see how it can continue to label itself catholic. it is also hard to see how any faithful catholic could be Avera’s customer.
As a Catholic from South Dakota, I am happy to see Bishop Swain taking a stand against Avera’s decision to comply with the contraception mandate. It would have been nice to have seen Avera consult the diocese before making this hasty decision.
In our time of being loving and non judgemental, apparently being Catholic has nothing to do with obeying God. A Catholic can do whatever they want and they are still in good standing in the Church. Then why am I trying so hard? This is the question millions of Catholics have asked themselves and they are voting with their feet. Why do we think that 75% of Catholics that haven’t left the Church, don’t bother going to Church. Because their is no penalty. They are doing nothing wrong. Nobody judges them. everybody loves them. Why not enjoy all the pleasures of the world, if there are no consequences for disobeying God?
The sad part is that there will be consequences. The teachings of the Church are Gods teachings and his expectations. Though the Church seems to be remiss in enforcing his rule, we will be enforcement. On Earth we see it in our children’s screwed up lives, in the here after, we will see it in Hell or a long painful stay in Purgatory.
May we all stay close to God and obey his teachings no matter how bad the example is set by politicians, some Catholic organizations, and even some religious.
I know none of the facts personally but I have faith in the position of the Bishop. His statement covers the situation well. This is sad. Now is the time for the Bishop to serve notice and if the hospital people persist, excommunicate all of them. The hospitals should also be branded as non Catholic. This should not be tolerated. I hope our Church leaders have the courage to do all of this.
This is awful news. I hope that Bishop Swain, other Church leaders, and faithful Catholic lay people will be able to convince Avera to change course. I don’t see how they can continue to call themselves a Catholic healthcare system if they won’t follow the Church’s teaching on these important issues. I also hope that The National Catholic Register will stay on top of this story.
Is this the time to publically excommunicate the CEO as it appears Pope Francis would imply by being bold against evil in the secular world? “Maintaining dialog” has got to be the wimpiest, most limp-wristed response possible in this case—but that’s what’s being done? The left has no problem with public condemnation when it suits their purposes; why don’t we do it when it’s morally right?
It is impossible to excommunicate the CEO-John Porter as he is not catholic.
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