US DHHS Proposes New Conscience and Religious Freedom Rules for Health Care
Conservative groups hailed the initiative as being a
recognition of religious objections to abortion, sterilization, physician
assisted suicide, and gender surgery and hormone treatments. Critics warned
that the change could lead to sex, orientation, and gender identity
discrimination.
The introductory information in the proposed
regulation refers to abortion, sterilization, assisted suicide, and the ACA’s
individual mandate, “and other matters of conscience.” It also refers to “conscience
protections” for objections to counseling, advance directives, compulsory
health care in areas such as vaccination, occupational illness testing, hearing
screening and mental health treatment, and to “protections for religious
nonmedical health care.” The rulemaking document also cites, as an example for
the need for the rule, the following:
“In 2016, the American Congress of
Obstetricians and Gynecologists (ACOG) reaffirmed a prior ethics opinion that recommended,
“[i]n an emergency in which referral is not possible or might negatively affect
a patient’s physical or mental health, providers have an obligation to provide
medically indicated and requested care
regardless of the provider’s personal moral objections.”
The publication date for the proposed rule will be January
26, 2018, which will mark the beginning of the period for public comment.
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