Obama Administration Expected To Begin Process Of Rescinding HHS Conscience Rule

Main Category: Women's Health / Gynecology
Also Included In: Sexual Health / STDs;  Women's Health / Gynecology;  Abortion
Article Date: 01 Mar 2009 - 1:00 PDT

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The Obama administration is expected to begin the process to rescind the HHS provider "conscience" rule, two months after former President George W. Bush's administration enacted the rule in one of its final policy initiatives, the Los Angeles Times reports. The rule prohibits the allocation of federal funds to health entities that do not accommodate workers who refuse to provide health services or information they object to on moral or religious grounds. Seven states and two family-planning groups have filed lawsuits challenging the rule, claiming that it emphasizes the religious beliefs of medical providers at the expense of patients' health. Some critics also oppose the broad language of the rule, which states that it covers any "activity related in any way to providing medicine, health care and other service relative to health and welfare." Supporters of the regulation maintain that the rule is needed to protect health workers who object to providing certain services, such as prescribing birth control or emergency contraception.

The Times reports that Obama, who supports abortion rights, has been expected to overturn several Bush administration policies that restrict access to reproductive health services. At the same time, Obama "has also been sensitive to the explosiveness of the reproductive rights issue," according to the Times. For example, last month Obama, "without official ceremony," rescinded the "Mexico City" policy, which banned U.S. funding for international groups that use their own funds to provide abortion information or services, the Times reports. According to the Times, HHS' plan to overturn the conscience rule "is being made equally quietly as most of Washington focuses on the president's blockbuster budget plan."

Officials on Thursday said the administration plans to allow a standard 30-day comment period on the conscience rule before it finalizes the decision to overturn the rule. According to one official, who was not authorized to speak on the record about the policy, the administration believes that the rule "is a complex issue that requires a thoughtful process where all voices can be heard." According to officials, the administration is considering drafting a new rule that would clarify what services health workers could reasonably refuse to provide. The officials said the administration aims to clarify the rule rather than to compel physicians to provide abortions. According to one official, the Bush administration's rule "created confusion about the scope and original intent of the law." The official continued, "Not only does it make it harder for women to get the care they need, but it is worded so vaguely, that some have argued it could limit counseling, family planning, even blood transfusions and end-of-life care" (Levey, Los Angeles Times, 2/27).

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