USCCB Finds Weakening of Health Care Conscience Rule a ‘Disappointment’

Affirms Some Positive Elements

USCCB News Release 11-036
FOR IMMEDIATE RELEASE
February 18, 2011

United States Conference of Catholic Bishops

WASHINGTON (February 18, 2011)—The Obama administration’s final rule rescinding important elements of a federal regulation protecting the conscience rights of health care providers is a disappointment, but there are also reasons for hope, said Deirdre McQuade of the Pro-Life Secretariat of the United States Conference of Catholic Bishops (USCCB).

“The Administration’s action today is cause for disappointment, but also offers reasons for hope regarding an emerging consensus in Washington on the need for clear conscience protections for health care providers,” said McQuade.

“It is very disappointing that the Administration has chosen to eliminate much of the existing regulation on conscience issued in December 2008. Among other things, the final rule issued today eliminates important clarifications that would have helped in interpreting and enforcing longstanding federal statutes protecting the conscience rights of health care providers. It also eliminates a regulatory requirement that recipients of federal funds certify compliance with those statutes.

“However, it is welcome news that the Administration says it will take initiative to increase awareness of the conscience statutes, work to ensure compliance with them, and require that government grants make clear that compliance is required. We look forward to working with the Administration and Congress to ensure that these endeavors are carried out, so providers receive the full conscience protection they are due.

“We also hope that the Administration will place its full support behind efforts in Congress to clarify conscience protections and make them more secure, by endorsing such initiatives as the Protect Life Act (H.R. 358), the No Taxpayer Funding for Abortion Act (H.R. 3), and the Abortion Non-Discrimination Act (H.R. 361).”

  • Past USCCB letters supporting the Bush administration regulation, and opposing efforts to rescind it.

CMA Physicians, former HHS Asst. Secretary decry Obama administration’s regulatory action on conscience and discrimination.

NEWS RELEASE

Christian Medical Association

Washington, DC, February 18, 2011 — The 16,000-member Christian Medical Association (CMA, www.cmda.org) today protested the decision of the Obama administration to weaken the only federal regulation protecting the exercise of conscience in health care.

Dr. J. Scott Ries, a board-certified family physician and CMA’s vice president for Campus & Community Ministries, said, “The administration has made changes in a vital civil rights regulation without evidence or justification. The administration presented no evidence of any problems in healthcare access, prescriptions or procedures that have occurred in the two years since the original regulation’s enactment that would justify any change in this protective regulation.

“The administration, for example, contends that a rule change is necessary to protect access to contraception, but absolutely no evidence is presented to justify any such concern. In the process, the administration blatantly ignores the scientific evidence that certain controversial prescriptions that abortion advocates promote as contraception are actually potential abortifacients, ending the life of a living, developing human embryo. This is a critical concern for pro-life patients, healthcare professionals and institutions.”

The U.S. Department of Health and Human Services indicated in 2008 in its final rule, “We have found no evidence that these regulations will create new barriers in accessing contraception unless those contraceptives are currently delivered over the religious or moral objections of the provider in such programs or research activities.”

Dr. Ries added, “The Obama administration’s regulatory action today diminishes the civil rights that protect conscientious physicians and other healthcare professionals against discrimination. Any weakening of protections against discrimination against life-affirming healthcare professionals ultimately threatens to severely worsen patient access to health care.

“Losing conscientious healthcare professionals and faith-based institutions to discrimination and job loss especially imperils the poor and patients in medically underserved areas. We are already facing critical shortages of primary care physicians, and the Obama administration’s decision now threatens to make the situation far worse for patients across the country who depend on faith-based health care.”

National survey results show that over nine of ten faith-based physicians, who are among the most likely to be serving the poor and those in medically underserved areas, indicate they would rather leave the profession if denied the ability to practice medicine according to conscientiously held ethical standards. Survey results also indicate that 20% of faith-based medical students say they are “not pursuing a career in Obstetrics or Gynecology” because of perceived discrimination and coercion in that field.

Dr. Ries added, “Stories told to me by medical students across the country indicate that the threat of being forced to participate in abortion procedures and violate their moral integrity is enough to steer them in the opposite direction. That means even fewer physicians for women in the future in this specialty that is already facing critical shortages.

Former U.S. Assistant Secretary of Health Dr. Joxel Garcia noted, “Especially in physician shortage states such as Texas, Georgia, Alabama, Mississippi, Oklahoma, Utah, Nevada, Idaho and Delaware, losing just one physician can erase healthcare access for thousands of patients.

“Pushing conscientious physicians out of medicine is a significant step toward a healthcare system controlled by the state that moves away from the ethical roots of medicine. In the new governmental utilitarian model, the ‘common good’ defined by the state supersedes any moral, religious or ethical principle such as embodied in the Hippocratic Oath, which has protected patients for millennia.”

As the second-in-command under Sec. Mike Leavitt at the U.S. Dept. of Health and Human Services (HHS), Dr. Garcia oversaw the development and implementation of the conscience regulation and continues to work closely with the CMA and others to protect conscience rights. He currently serves as President and Dean at the Ponce School of Medicine & Health Sciences, where CMA provides a medical student ministry, as it does on over 90 percent of the nation’s medical and dental school campuses.

Dr. Ries’ clinical career has included faculty appointments at Indiana University School of Medicine and Butler University; he has also served as medical consultant to NBC, CBS, FOX and ABC network affiliates.

ADF rebuts NY hospital’s claim that pro-life nurse can’t sue

ADF attorneys respond to claims of Mount Sinai Hospital

NEWS RELEASE
19 August, 2009

Alliance Defense Fund

NEW YORK — Alliance Defense Fund attorneys submitted a brief in federal court Monday in response to the claim of New York’s Mount Sinai Hospital that a pro-life nurse who sued the hospital has no right to defend herself in court.  ADF filed suit after the hospital forced senior nurse Cathy Cenzon-DeCarlo to participate in a late-term abortion procedure.

“Pro-life nurses shouldn’t be forced to assist in abortions against their beliefs.  Nonetheless, Mount Sinai Hospital is multiplying its injustices against nurse Cathy Cenzon-DeCarlo,” said ADF Legal Counsel Matt Bowman.  “First it disregarded Cathy’s conscience; now it argues she can’t go to court to defend her rights.  Mount Sinai Hospital does not have the right to disregard federal law and then refuse to face the consequences of its actions.”

Administrators at Mount Sinai Hospital threatened Cenzon-DeCarlo with disciplinary measures if she did not honor a last-minute summons to assist in a scheduled late-term abortion.  Despite the fact that the patient was apparently not in crisis at the time of the surgery, the hospital insisted on her participation in the procedure on the grounds that it was an “emergency,” even though the procedure was not classified by the hospital as such. ADF attorneys filed suit on behalf of Cenzon-DeCarlo in the U.S. District Court for the Eastern District of New York on July 21.

Attorneys for the hospital submitted a brief to the court Aug. 10 arguing that the lawsuit should be dismissed because the federal law at issue “does not grant individual litigants a private right of action.”

ADF attorneys responded to the brief Monday, noting, “Mount Sinai’s compulsion violates 42 U.S.C. § 300a-7(c), ‘the Church Amendment’ (named after Senator Frank Church).  This law provides that no recipient of federal health funds may discriminate in the employment or privileges of its health care personnel because of their religious objection to abortion.  The law contains no exception letting Mount Sinai compel assistance based on their unbridled judgment that abortion is an ‘emergency.’  Mount Sinai’s actions are a quintessential example of discriminating in employment and privileges on condition that Mrs. DeCarlo violate her objection to abortion.”

The ADF brief goes on to explain that “Mount Sinai compounds its contempt of the law” by denying that the law allows Cenzon-DeCarlo to defend her conscience rights.  The brief points out that a federal court just this year “not only recognized an individual right, but allowed the plaintiff (in that case an abortion supporter) to seek punitive damages.”  It also points out that the federal law involves all of the factors that the U.S. Supreme Court has used to recognize such rights and that Congress obviously intended to protect individuals from discrimination under the law it created.

New York ADF-allied attorneys Joseph Ruta and Piero Tozzi are serving as local counsel in the case, Cenzon-DeCarlo v. The Mount Sinai Hospital.  The court will hold a pre-trial conference on Sept. 10.

Contact: ADF MEDIA RELATIONS  (480) 444-0020


ADF is a legal alliance of Christian attorneys and like-minded organizations defending the right of people to freely live out their faith. Launched in 1994, ADF employs a unique combination of strategy, training, funding, and litigation to protect and preserve religious liberty, the sanctity of life, marriage, and the family.

A NY Nurse Forced to do the Unthinkable

Inside the Issues with Alan Sears

August 18, 2009
Reproduced with permission

Alliance Defense Fund

The administrators at New York City’s Mount Sinai Hospital knew at least three  things, that Sunday morning, when they ordered senior nurse Cathy Cenzon-DeCarlo,  at the last minute, to assist in a late-term abortion:

  1. They knew that Cathy, who is a devoted follower of Christ and a Catholic, was on long-term record with the hospital as opposing abortion for religious reasons.
  2. They knew that, despite what some of them were telling Cathy, the medical situation was not a true emergency, and the mother’s life was not at stake.
  3. They knew that, under federal law, any hospital receiving federal health funds – as Mount Sinai does – cannot force its employees to assist in abortion procedures under any circumstances.

Despite all that, the administrators told Cathy that if she didn’t assist in the  procedure, she would face disciplinary action – likely including termination and  loss of her professional license.

“Pro-life nurses shouldn’t be forced to assist in abortions against their  beliefs,” said ADF Legal Counsel Matt Bowman, who is representing Cathy in a lawsuit filed in the U.S. District Court for the Eastern District of New  York. “Requiring a devout, Catholic nurse to participate in a late-term abortion  in order to remain employed is illegal, unethical, and violates her rights of  conscience. Federal law requires that employers who receive funding from tax  dollars must not compel employees to violate their sincerely held religious  beliefs, but this nurse’s objections fell on deaf ears.”

ADF attorneys are also requesting a preliminary injunction that would order the hospital to honor  Cenzon-DeCarlo’s religious objection against assisting in abortion and refrain  from retaliation against her while the case moves forward. New York ADF-allied  attorneys Joseph Ruta and Piero Tozzi are serving as local counsel in the case.

“Chasing away workers from the health care field is disastrous health care  policy,” said Bowman. “An individual’s conscience is likely what brought them to  the health care field. Denying or coercing their conscience will likely drive  them right out.”

Cathy’s case is a clear example of an employer violating an employee’s right of  conscience – and violations like this are happening all over the country  everyday to people of sincere religious faith who work in the medical  profession: not only nurses, but doctors and pharmacists as well.  Please be in  prayer for those who are trying to blend their medical skills with a Christ-like  compassion and godly reverence for human life – and in particular prayer for our  attorneys as they represent Cathy in this high profile and potentially  nation-shaping case.

Contact: ADF MEDIA RELATIONS  (480) 444-0020


ADF is a legal alliance of Christian attorneys and like-minded organizations defending the right of people to freely live out their faith. Launched in 1994, ADF employs a unique combination of strategy, training, funding, and litigation to protect and preserve religious liberty, the sanctity of life, marriage, and the family.

NY nurse threatened, forced to assist in late-term abortion

ADF attorneys file lawsuit against hospital for violating Christian nurse’s rights of conscience

NEWS RELEASE
For immediate release
22 July, 2009

Alliance Defense Fund

NEW YORK — Alliance Defense Fund attorneys filed a lawsuit Monday against Mount Sinai Hospital on behalf of a Catholic nurse who was forced to participate in a late-term abortion under the threat of disciplinary action, including possible termination and loss of her license. The hospital has known of her religious objections to abortion since 2004.

Hospital administrators told the nurse that the scheduled abortion was an “emergency,” though evidence shows otherwise, and insisted moments before the procedure that she assist doctors despite her repeated objections to the procedure, which dismembered a preborn child in the 22nd week of gestation. By federal law, hospitals that receive federal funds cannot force employees to participate in abortion procedures under any circumstances.

“Pro-life nurses shouldn’t be forced to assist in abortions against their beliefs,” said ADF Legal Counsel Matt Bowman. “Requiring a devout, Catholic nurse to participate in a late-term abortion in order to remain employed is illegal, unethical, and violates her rights of conscience. Federal law requires that employers who receive funding from tax dollars must not compel employees to violate their sincerely held religious beliefs, but this nurse’s objections fell on deaf ears.”

“Chasing away workers from the health care field is disastrous health care policy,” said Bowman. “An individual’s conscience is likely what brought them to the health care field. Denying or coercing their conscience will likely drive them right out.”

Administrators at Mount Sinai Hospital threatened senior nurse Cathy Cenzon-DeCarlo with disciplinary measures if she did not honor a last-minute summons to assist in a scheduled late-term abortion. Despite the fact that the patient was not in crisis at the time of the surgery, the hospital insisted on her participation in the procedure on the grounds that it was an “emergency” even though the procedure was not classified as such.

“Category I” is the classification reserved for “patients requiring immediate surgical intervention for life or limb threatening conditions.” The surgery in this case was classified as “Category II,” for operations needing to take place within six hours, indicating that the hospital had no reason to insist upon Cenzon-DeCarlo’s assistance in the abortion in order to protect the patient. Plenty of time existed to find a different nurse to assist, especially since evidence indicates that the patient’s condition did not rise even to a Category II. In fact, Cenzon-DeCarlo observed no indications that the abortion was a medical emergency while in the operating room.

ADF attorneys filed the complaint in Cenzon-DeCarlo v. The Mount Sinai Hospital with the U.S. District Court for the Eastern District of New York. They are also requesting a preliminary injunction that would order the hospital to honor Cenzon-DeCarlo’s religious objection against assisting in abortion and refrain from retaliation against her while the case moves forward. New York ADF-allied attorneys Joseph Ruta and Piero Tozzi are serving as local counsel in the case.

Fact sheet on lawsuit, including links to resources

Contact: ADF MEDIA RELATIONS  (480) 444-0020


ADF is a legal alliance of Christian attorneys and like-minded organizations defending the right of people to freely live out their faith. Launched in 1994, ADF employs a unique combination of strategy, training, funding, and litigation to protect and preserve religious liberty, the sanctity of life, marriage, and the family.