23 States Sue Feds to Block HHS “Conscience” Rule Permitting Refusal of Care

Non Profit Quarterly

Ruth McCambridge

Twenty-three states joined in a suit filed on May 21st to block a new federal regulation known as the Protecting Statutory Conscience Rights in Health Care rule. Published yesterday in the Federal Register, it would give health care providers, insurers, and employers—as well as a wide range of others, such as ambulance drivers, receptionists, and customer service representatives at insurance companies—the right to refuse to provide or pay for medical services that violate their religious or moral beliefs. These services would include abortion and other reproductive services, as well as assisted suicide. Additionally, any health care provider would risk federal funding if they do not respect the right of these workers to deny service. . . [Full text]

HHS Final Conscience Rule and Protected Employees

Hall Render Killian Heath & Lyman PC

Robin M. Sheridan and Lindsey Croasdale

On May 2, 2019, the U.S. Department of Health and Human Services (“HHS”) Office of Civil Rights (“OCR”) announced the issuance of the final conscience rule, which prohibits discrimination of individuals on the basis of their exercise of conscience in HHS-funded programs. The rule has not yet been published in the Federal Register, but HHS has released an unofficial version of the document. This rule will be effective 60 days after is it published in the Federal Register. . . [Full text]

Christian Medical Association Doctors Laud HHS Conscience Rule as Protecting Patients and Doctors

News Release

Christian Medical Association

WASHINGTON, May 2, 2019 /Standard Newswire/ — The 19,000-member Christian Medical Association, the largest national association of faith-based doctors, lauded a conscience law-enforcing rule finalized today by the U.S. Department of Health and Human Services (HHS) as a protection for both patients and doctors.

CMA CEO Dr. David Stevens said, “Our patients need to know that we as doctors can be trusted to conscientiously adhere to objective ethical standards and moral commitments that serve to protect them. They need to know we are not going to lay aside longstanding ethical norms and medical concerns just because ideologically-driven politicians or bureaucrats or hospital administrators might pressure us to do so by threatening our ability to practice medicine.”

CMA Senior Vice President Dr. Gene Rudd, an OB/Gyn physician, said, “In recent years, some abortion advocates have proposed effectively banning pro-life physicians from medicine, essentially because we adhere to the Hippocratic Oath. That long-standing objective standard protects our unborn patients while also protecting our born patients from other abuses of medical power such as involuntary euthanasia and sexual abuse. Without pro-life OB/Gyn physicians, who will serve the millions of women and men who also hold to pro-life commitments?

“Conscience protection is one of the treasures of our society. It is enshrined in the First Amendment of the Constitution, reflecting its importance. Some would want to take this right away from others when they disagree on certain issues. But protection for each person is critical to protection for all. The HHS conscience rules are critical to preserving this freedom.”

CMA Executive Vice President Dr. Mike Chupp observed, “We are committed to serving every kind of patient with compassion and competence, but that’s very different from saying we will do any procedure or fill any prescription regardless of ethical or medical concerns. Healthcare professionals of faith and conscience are committed to the mantra ‘Anyone, Anytime, Anywhere but NOT Anything!’ Without conscience freedom in healthcare, whatever ideology the government chooses will be the grounds used to exclude all objectors. The result would be a loss of healthcare access for patients, and especially the patients of faith-based health professionals who often minister to the underserved and marginalized.”

CMA Vice President for Government Relations Jonathan Imbody noted, “This HHS rule enforces and educates regarding existing conscience laws passed by Congress on a bipartisan basis, back when Congress was more bipartisan. The rule reminds the government and the health community that we all live in a country that values freedom of conscience and tolerance of diverse views. Conscience freedoms protect liberals, conservatives and everyone in between, on issues ranging from capital punishment to abortion to research ethics. Without tolerance for diversity and conscience convictions in healthcare, patients lose access to doctors, and health professionals lose their careers.”

More information available at www.Freedom2Care.org:

  • Stories of conscience violations
  • Previous polling by Kellyanne Conway on conscience (e.g, 92 percent of faith-based physicians said they would leave medicine rather than compromise conscience)
  • CMA comments submitted to HHS on conscience rule

SOURCE Christian Medical Association

CONTACT: Margie Shealy, 423-341-4254

Related Links  www.Freedom2Care.org

HHS Announces Final Conscience Rule Protecting Health Care Entities and Individuals

News Release
For immediate release

US Department of Health and Human Services

The U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) announced today the issuance of the final conscience rule that protects individuals and health care entities from discrimination on the basis of their exercise of conscience in HHS-funded programs. Just as OCR enforces other civil rights, the rule implements full and robust enforcement of approximately 25 provisions passed by Congress protecting longstanding conscience rights in healthcare.  

The final rule fulfills President Trump’s promise to promote and protect the fundamental and unalienable rights of conscience and religious liberty, a promise he made when he signed an executive order in May 2017 protecting religious liberty.  In October 2017, the Department of Justice issued guidance encouraging other Departments, including HHS, to implement and enforce all relevant religious freedom laws.  

As a result, in January 2018, following the launch of its new Conscience and Religious Freedom Division, HHS announced the proposed conscience rule.  OCR received over 242,000 public comments, and analyzed and carefully considered all comments submitted from the public on the proposed conscience regulation before finalizing it.

This final rule replaces a 2011 rule that has proven inadequate, and ensures that HHS implements the full set of tools appropriate for enforcing the conscience protections passed by Congress.  These federal laws protect providers, individuals, and other health care entities from having to provide, participate in, pay for, provide coverage of, or refer for, services such as abortion, sterilization, or assisted suicide.  It also includes conscience protections with respect to advance directives.

The final rule clarifies what covered entities need to do to comply with applicable conscience provisions and requires applicants for HHS federal financial assistance to provide assurances and certifications of compliance. The rule also specifies compliance obligations for covered entities, including cooperation with OCR, maintenance of records, reporting, and non-retaliation requirements.

“Finally, laws prohibiting government funded discrimination against conscience and religious freedom will be enforced like every other civil rights law.” said OCR Director Roger Severino. “This rule ensures that healthcare entities and professionals won’t be bullied out of the health care field because they decline to participate in actions that violate their conscience, including the taking of human life. Protecting conscience and religious freedom not only fosters greater diversity in healthcare, it’s the law,” Severino concluded.

Click here to read the Final Conscience Rule.

Click here – PDF to read the Final Conscience Rule Factsheet.

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*This HHS-approved document is being submitted to the Office of the Federal Register (OFR) for publication and has not yet been placed on public display or published in the Federal Register.  This document may vary slightly from the published document if minor editorial changes are made during the OFR review process.  The document published in the Federal Register is the official HHS-approved document. 

*People using assistive technology may not be able to fully access information in these files.  For assistance, please email OCR at OCRMail@hhs.gov or contact the OCR Call Center at (800) 368-1019.

Contact: HHS Press Office 202-690-6343 media@hhs.gov

HHS rules prevent providers from being forced to do things that violate moral convictions

The Hill

Reproduced with permission

Diana Ruzicka*

In the April 4, 2018 article, HHS rule lowers the bar for care and discriminates against certain people, nursing leaders, Pamela F. Cipriano and Karen Cox, wrote that the U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) Proposed Rule: Protecting Statutory Conscience Rights in Health Care; Delegations of Authority expands the ability to discriminate, denies patients health care and should be rescinded. These accusations are unfounded and the rule should be supported.

What the rule does is “more effectively and comprehensively enforce Federal health care conscience and associated anti-discrimination laws.” It is not an effort to allow discrimination but an effort to prevent it by enforcing laws already on the books and gives the OCR the authority to oversee such efforts. This is something that nursing should encourage because it supports the Code of Ethics for Nurses (code).

The code reminds us that, “The nurse owes the same duties to self as to others, including the responsibility to promote health and safety, preserve wholeness of character and integrity, maintain competence and continue personal and professional growth.”

It is precisely because nurses are professionals who hold themselves to these standards that patients have come to see nurses as persons worthy of their trust, persons in whose hands they are willing to place their lives. Being granted by the public this weighty and solemn responsibility is humbling and must never be taken lightly. Thus the nurse’s duty to practice in accord with one’s conscience, to be a person of wholeness of character and integrity, is recognized by the.

It is odd that, despite supporting a nurse’s duty to conscience and the right to refuse to participate in an action to which the nurse objects on the grounds of conscience, Cipriano and Cox insist that the nurse, must assure that others make the care available to the patient. This suggests a failure to recognize that referring the patient to someone who will do the objectionable act in place of the nurse can make the nurse complicit.

The culpability of complicity is well recognized in law and ethics, as an accomplice is liable to the same extent as the person who does the deed. Thus, to make a referral and be complicit in an act to which the nurse conscientiously objects, also violates conscience. We doubt nursing leaders actually support this, as the consequences would be chilling.

When persons are made to violate their conscience, to set it aside, to silence it, moral integrity is eroded and moral disengagement progressively sets in. To move from caring for our fellow human beings to acting on them in ways that our conscience tells us we should not, requires powerful cognitive manipulation and restructuring to free ourselves of the guilt associated with this violation of our deeply held moral or religious beliefs.

Moral disengagement has frightening negative consequences, namely a pernicious dehumanization of persons, including oneself and of society as a whole. Rather than a nurse being someone of moral courage, ethical competence and human rights sensitivity, as our code directs, a nurse would have to be someone who is willing to surrender their conscience to expediency, powerful others, or whatever happens to be permitted by law at the time and place.

No longer would patients find that nurses are persons they can trust. It is precisely because nurses practice in accordance with their conscience that the public continues to grant them high scores on honesty and ethics.

None of this is to say that nurses may abandon patients. By promptly seeking a transfer of assignment that does not involve the objectionable act or by transferring the patient elsewhere without making a referral, the nurse continues to uphold the code by “promoting, advocating for and protecting the rights, health and safety of the patient [and, at the same time,] preserving wholeness of character and integrity.”

Clearly, refusal to care for a patient based on an individual attribute is unjust discrimination and has no place in nursing or health care. But that is not what the rule does. It protects the right to object to being forced to participate in an act that violates a person’s deeply held moral convictions or religious beliefs and from discrimination as a result of one’s refusal to participate in such an act.

To call for rescinding the rule, whose purpose is to protect this fundamental human right, would be short-sighted and could make unjust discrimination more likely and harm not only nursing but also the patients we serve.