The Department of Health and Human Services (HHS) announced last week that it is close to finalizing a conscience protection rule that would allow people to discriminate in health-care settings under cover of law.
The final rule is at the Office of Management and Budget for review and not available to the public. But under the draft rule, which has been made public, health-care providers would be able to refuse to provide treatment, referrals, or assistance with procedures if these activities would violate their stated religious or moral convictions. The deliberately vague language could apply to everyone from receptionists refusing to book appointments to scrub nurses refusing to assist with emergency surgery.
This could be devastating for many marginalized people in the country seeking health care. But it could be especially dangerous for LGBTQ people, who have fought hard to establish legal protections that would guard them against exactly these kinds of denials. When your very body and existence are considered objectionable, seeking health care at the best of times can be dangerous.
“Trans and gender nonconforming people already face really severe discrimination in health-care settings,” said Bridget Schaaff, If/When/How’s reproductive justice federal policy fellow at the National LGBTQ Task Force. Rules like these “are going to make this even harder.”
HHS already finalized two rules that would allow businesses and other entities, like churches, to refuse to pay for insurance coverage that includes birth control or abortion services if it violates their religious or moral convictions. Enforcement of these rules is currently on hold due to legal decisions, with judges in Pennsylvania and California ruling in favor of challengers. The agency also recently proposed another rule that would create a significant administrative burden for insurance companies that include abortion in their policies, effectively incentivizing them to drop this coverage.
Now, this latest regulation would “ensure that persons or entities are not subjected to certain practices or policies that violate conscience, coerce, or discriminate.” These updates to existing precedent spread across 25 laws and regulations would substantially extend the reach of “conscience protections.” A doctor might, for example, refuse to give a pregnant patient information about an obstetrician if they suspect the patient might request an “objectionable” treatment like abortion from that obstetrician. The HHS Office of Civil Rights would be responsible for enforcing what critics call a “right to discriminate.”
The draft rule draws on laws like the Religious Freedom Restoration Act to argue that health-care providers and other entities should not be compelled to participate in activities like performing abortions or sterilizations, providing birth control, participating in physician-assisted suicide, or being “morally complicit” in other health care that violates religious beliefs. This includes activities like requiring crisis pregnancy centers to post signage with comprehensive information about full-spectrum reproductive health services. The extension of conscience protections to moral attitudes as well as religious ones offers even more ammunition for those who want to refuse health care. Read more via Rewire.News