San Francisco Chronicle

Administra­tors applaud delay of ‘conscience’ health care rule

- By Dominic Fracassa

The Justice Department agreed Friday that the Trump administra­tion would delay implementi­ng a controvers­ial rule that protects health care workers who refuse to provide services they object to on religious or moral grounds.

The decision by federal officials marks a win for San Francisco City Attorney Dennis Herrera, who sued the administra­tion over the proposed rule in May, saying it would be discrimina­tory and endanger people seeking access to services such as reproducti­ve care, HIV treatment or contracept­ion. Santa Clara County and California Attorney General Xavier Becerra are also suing the administra­tion over the rule.

District Court Judge William Alsup, who is overseeing the case, issued a ruling Saturday granting the delay.

The rule, proposed by the Department of Health and Human Services, would withhold

federal funding from institutio­ns that don’t allow workers — including doctors, nurses and a host of administra­tive staff, like appointmen­t schedulers — to exempt themselves from administer­ing care for personal reasons.

If the rule were to take effect, San Francisco would stand to lose around $1 billion in federal funding for health care programs if it refuses to comply, city officials said.

In June, Herrera asked the court for an injunction that would halt the implementa­tion of the “conscience rule” while his office and the Justice Department battle in court. The rule was supposed to take effect July 22, but the Justice Department filed paperwork in the U.S. District Court for the Northern District of California agreeing to postpone the rule from taking effect until Nov. 22.

“Faced with the law, the Trump administra­tion blinked,” Herrera said in a statement.

“The Trump administra­tion is trying to systematic­ally limit access to critical medical care for women, the LGBTQ community, and other vulnerable patients. We’re not going to let that happen. We will continue to stand up for what’s right. Hospitals are no place to put personal beliefs above patient care. Refusing treatment to vulnerable patients should not leave anyone with a clear conscience.”

Benjamin Takemoto, a Justice Department attorney handling the case, declined to comment.

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