National Health Law Program Urges HHS to Withdraw Conscience Rights Rule

Executive Summary

In comments to the U.S. Department of Health & Human Services (HHS), the National Health Law Program urges it to withdraw the so-called “Protecting Statutory Conscience Rights in Health Care,” rule because it is constitutionally flawed, and will exacerbate discrimination in the health care system against women, people of color, LGBTQ individuals and people living with disabilities. The proposed rule intends to allow for religious beliefs to override medically sound decisions. “Refusals to treat individuals according to medical standards of care put patients’ health at risk, particularly for women and LGBTQ individuals. Given the broadly written and unclear language of the proposed rule, if implemented, some providers may misuse this rule to deny services to LGBTQ individuals based on perceived or actual sexual orientation and gender identity.”

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