Waxman Sends Letter To HHS Stating That Conscience Rule Issued In Violation Of Federal Policy

Main Category: Women's Health / Gynecology
Also Included In: Sexual Health / STDs
Article Date: 30 Oct 2008 - 7:00 PDT

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House Oversight and Government Reform Committee Chair Henry Waxman (D-Calif.) sent a letter Monday to HHS saying that the agency's proposed conscience rule was issued in apparent violation of a federal policy that requires interagency coordination and review, BNA Health Care Daily reports. When HHS issued the rule -- which Waxman says "purports to shield healthcare providers from discrimination, but would in fact threaten access to reproductive and other health services across the country" -- the agency failed to "avoid regulations that are consistent, incompatible or duplicative with its other regulations or those of other federal agencies" as required by a 1993 executive order, according to the letter. The executive order requires the Office of Management and Budget and its Office of Information and Regulatory Affairs to facilitate interagency coordination when regulatory actions are planned.

In the letter, Waxman wrote that it appears HHS and OMB did not consult the Equal Employment Opportunity Commission about the proposed rule even though there is an overlap between the scope of the rule and EEOC's religious discrimination work, BNA reports. He wrote, "If there had been consultation with the EEOC as required by the executive order, the proposal submitted for public comment might have been significantly different -- or might not have been issued at all." Waxman also said that EEOC submitted comments after the proposal was released that essentially opposed the rule.

According to BNA, Waxman's letter called on HHS to provide documentation by Oct. 31 of any consultation that did occur or describe steps that the agency and OMB will take to respond to EEOC's concerns before a decision is made. An HHS spokesperson on Tuesday said the agency has received the letter and is reviewing it (BNA, 10/29).

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