The U.S. Department of Health and Human Services Final Conscience Rule Protecting Health Care Entities and Individuals was set to go into effect on July 22, 2019.
However, on May 21, a coalition of 23 Democrat-led states, counties and municipalities sued the Trump administration over the final rule that protects health care providers who refuse to provide care on the basis of their religious beliefs. The lawsuit sought to have the rule declared unconstitutional and to have the court keep the rule from going forward.
“The federal government is giving health care providers free license to openly discriminate and refuse care to patients – a gross misinterpretation of religious freedom that will have devastating consequences on communities throughout the country,” New York Attorney General Letitia James (D) said in a statement after filing the suit.
This lawsuit was the second against the administration’s so-called conscience protection rule. San Francisco announced a similar lawsuit earlier in May.
Appeal to religious conservatives
Trump used May 2, the National Day of Prayer to announce the rule that protects health care workers and institutions from having to violate their religious or moral beliefs by participating in abortions, providing contraception, sterilization or other medical procedures.
“And just today we finalized new protections of conscience rights for physicians, pharmacists, nurses, teachers, students, and faith-based charities. They’ve been wanting to do that for a long time,” Trump said during a ceremony for the National Day of Prayer.
The rule is actually very broad and just about anyone can make a refusal to provide medical care, including ambulance drivers to emergency room doctors to receptionists to customer service representatives at insurance companies. However, the HHS says the rule does not create any new laws but enforces about 25 existing federal laws.
The Trump administration also says that institutions, including hospitals and others receiving government funding, would be required to certify that they comply with existing federal laws protecting medical workers who object to some medical procedures. If an institution refuses to comply, there federal funding will be pulled.
The BBC quotes San Francisco City Attorney Dennis Herrera, who on Saturday issued a statement after the announcement of the delay in implementing the rule that appeals to religious conservatives.
Mr. Herrera said: “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.”
He added: “Hospitals are no place to put personal beliefs above patient care. Refusing treatment to vulnerable patients should not leave anyone with a clear conscience.”
