Baltimore Sun Examines Potential Impact Of Proposed HHS Conscience Rule

Main Category: Women's Health / Gynecology
Also Included In: Abortion;  Sexual Health / STDs;  Primary Care / General Practice
Article Date: 03 Dec 2008 - 2:00 PDT

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The Baltimore Sun on Sunday examined the debate surrounding possible implications of the proposed HHS conscience rule -- which would permit health providers who receive federal grants to opt out of medical care based on their moral or religious beliefs. According to the Sun, the new rule goes beyond existing federal laws that allow doctors and nurses to decline to perform abortions by "making clear that health care workers may also refuse to provide information or advice about abortion to patients." The rule also would impact a larger range of employees than current regulations. For example, the draft rule states that its protections would apply to "an employee whose task it is to clean the instruments." HHS officials said that the rule would apply to "any entity" that receives federal funding. According to the Sun, this group includes an estimated 4,800 hospitals, 234,000 doctor's offices and 58,000 pharmacies.

Although HHS Secretary Mike Leavitt has said the focus of the regulation is abortion, not contraception, advocates on both sides of the issue say that the rule's impact will extend beyond abortion procedures. David Stevens -- president of the Christian Medical Association, which supports the rule -- said the rule also would allow doctors to opt out of providing birth control to unmarried women or participating in artificial insemination procedures. Stevens said, "The real battle line is the morning-after pill," adding, "Doctors should not be required to dispense a medication they have a moral objection to." Judith Waxman, a lawyer for the National Women's Law Center, said the rule "goes way beyond abortion," adding, "This kind of rule could wreak havoc in a hospital if any employee can declare they are not willing to do certain parts of their job." Other opponents of the rule include the American College of Obstetricians and Gynecologists, the American Medical Association, the American Hospital Association and the Planned Parenthood Federation of America.

If Leavitt issues the rule before Dec. 20, the rule would be finalized before President-elect Barack Obama takes office. The Obama administration would then need to begin new rule-making procedures to overturn the regulation, the Sun reports (Savage, Baltimore Sun, 11/30).

Reprinted with kind permission from http://www.nationalpartnership.org. You can view the entire Daily Women's Health Policy Report, search the archives, or sign up for email delivery here. The Daily Women's Health Policy Report is a free service of the National Partnership for Women & Families, published by The Advisory Board Company.

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