Safeguarding the Rights of Conscience as Protected by Federal Statutes

Issuing agencies

Abstract

The Department proposes to partially rescind the May 21, 2019, final rule entitled, "Protecting Statutory Conscience Rights in Health Care; Delegations of Authority" ("2019 Final Rule"), while leaving in effect the framework created by the February 23, 2011, final rule, entitled, "Regulation for the Enforcement of Federal Health Care Provider Conscience Protection Laws." ("2011 Final Rule"). The Department also proposes to retain, with some modifications, certain provisions of the 2019 Final Rule regarding federal conscience protections but eliminate others because they are redundant or confusing, because they undermine the balance Congress struck between safeguarding conscience rights and protecting access to health care access, or because significant questions have been raised as to their legal authorization. Further, the Department seeks to determine what additional regulations, if any, are necessary to implement certain conscience protection laws. The Department is seeking public comment on the proposal to retain certain provisions of the 2019 Final Rule, including on any alternative approaches for ensuring compliance with the conscience protection laws.