HHS 'Conscience' Rule Creates 'Huge Bureaucratic Barrier,' Opinion Piece Says

Main Category: Women's Health / Gynecology
Also Included In: Abortion;  Sexual Health / STDs;  Primary Care / General Practice
Article Date: 22 Dec 2008 - 3:00 PST

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The HHS "conscience" rule is "a huge bureaucratic barrier to health care -- a barrier the incoming Obama administration will find difficult to remove," a Philadelphia Daily News editorial says. The editorial notes that several state laws "already protect the 'right to conscience' of doctors and nurses not to perform abortions. But federal laws also protec[t] the rights of patients to legal health care." It continues that the new rule would "choose the former over the latter, and also remove protections for the 584,294 federally funded medical entities -- hospitals, doctors' offices and pharmacies -- that might find it an 'undue burden' to pay employees who refuse to do the work for which they were hired."

According to the editorial, it will cost about $44 million annually for medical entities to certify compliance with the rule, which "doesn't include the cost in pain and confusion, and maybe litigation, that would come with allowing health care workers to decide who is worthy of receiving what care." The editorial continues that the rule demonstrates that the Bush administration "doesn't care about the objections of doctors or hospitals or patients -- but what about the approximately 70 million Americans who voted Nov. 4 to let Barack Obama lead the nation? Apparently, they don't matter either."

To undo the regulation, Congress could "resort" to using the Congressional Review Act, "which has been used only once," the editorial says. The other option would be for incoming HHS Secretary Tom Daschle to "restart the rule-making process," which would "take months," according to the editorial. It adds, "The Obama team has signaled that it is ready to go this route, with the inevitable political divisiveness -- and who knows how many individuals who won't get the health care or information they need?" The editorial concludes that the HHS rule provides "[m]ore proof that George W. Bush's historic unpopularity is the only thing he's ever earned" (Philadelphia Daily News, 12/18).

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