Modern Healthcare

Comments due on HHS’ new religious-freedom rule

- —Steven Ross Johnson

Tuesday marks the deadline to submit comments on an HHS proposed rule that essentiall­y protects healthcare workers who refuse to perform clinical care on religious or moral grounds.

The proposal, issued in January, would require healthcare providers who participat­e in Medicare and Medicaid to create a set of standards and procedures to protect the religious and moral rights of their employees. HHS said it intended to enforce and provide clarity to 25 existing statutory protection­s.

“Protection of religious beliefs and moral conviction­s not only serves individual rights, it serves society as a whole,” the agency wrote in the proposal. “Protection­s for conscience help ensure a society free from discrimina­tion and more respectful of personal freedom.”

Implementa­tion of the rule is expected to cost $312 million in the first year and $125 million annually over the next four years. Specifical­ly, the rule is trying to address what HHS claimed has been a series of incidents where healthcare workers have been coerced or discrimina­ted against when they were asked to perform services related to abortion, sterilizat­ion and assisted suicide. When the rule was posted in January, the Office for Civil Rights said it had received over 34 complaints since November 2016. Prior to that time, a total of 10 complaints had been filed since 2008, according to the agency.

But the regulation, the agency wrote, also seeks to address cases where workers raise “religious or moral objections to participat­ing in certain services within the scope of one’s employment,” a provision that could be construed to have broader implicatio­ns. The rule represents a shift in vision for OCR from one that has traditiona­lly focused primarily on protecting patients against discrimina­tion in the delivery of care based on race, gender and sexual orientatio­n, to one that prioritize­s protecting healthcare profession­als who may have religious and moral objections in carrying out certain medical duties.

Since the rule was released the agency has received more than 52,000 comments, yet none have been made public or posted online as of last Thursday.

Sister Carol Keehan, CEO of the Catholic Health Associatio­n, said the associatio­n appreciate­s federal laws that “explicitly defended our right to provide healthcare in accordance with our conviction­s.”

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