The Department of Health and Human Services (HHS) recently established the Conscience and Religious Freedom Division in its Office for Civil Rights to enforce existing federal conscience and religious protections.
In addition, HHS issued the attached proposed rule that would protect health care workers who refuse to participate in services — such as abortion, sterilization and assisted suicide — that run counter to their religious beliefs or moral convictions. This proposed rule is similar to regulations released by the Bush Administration in 2008 and rescinded in 2011 by the Obama Administration. The new proposed rule appears to both reinstate the 2008 rule and incorporate several additional federal conscience-related protections. It would apply to all entities that receive funds through programs funded or administered in whole or part by HHS, including the Medicare and Medicaid programs. The new Conscience and Religious Freedom Division will execute and enforce the proposed regulation as finalized.
CHA is currently reviewing the proposed rule’s details and the challenges it may pose for hospital operations, as well as the implications, if any, of potential conflict between the proposed rule and existing California law.
Hospitals and health systems serve all patients regardless of their race, religion, sexual orientation or gender identity. At the same time, in providing that care, hospitals and health systems respect the differing convictions of their employees and medical staff by allowing them to voluntarily, and without prejudice or penalty, decline to participate in delivering specified services in conflict with their personal moral, ethical or religious beliefs.
In addition to working with its national and state association partners, CHA will convene its Human Resources Committee and additional members with interest and expertise on these operational issues to help inform next steps. A summary of the proposed rule will be released in CHA News; comments on the proposed rule are due March 27.