[Vision2020] Health Providers' 'Conscience' Rule to Take Effect

[Tom Hansen]

Last minute declaration by the Bush camp allows health care providers to 
decline treatment if they find it "morally objectionable." Surely that 
broad, sweeping definition won't be abused.
 
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Courtesy of the Los Angeles Times at:

http://tinyurl.com/3mkcqc
 
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Health providers' 'conscience' rule to take effect

The last-minute Bush administration declaration lets doctors, clinics, 
receptionists and others refuse to give care they find morally 
objectionable.
 
Reporting from Washington — The Bush administration announced 
its "conscience protection" rule for the healthcare industry Thursday, 
giving doctors, hospitals, and even receptionists and volunteers in 
medical experiments the right to refuse to participate in medical care 
they find morally objectionable.

"This rule protects the right of medical providers to care for their 
patients in accord with their conscience," said outgoing Health and Human 
Services Secretary Mike Leavitt.

The right-to-refuse rule includes abortion and other aspects of healthcare 
where moral concerns could arise, Leavitt's office said, such as birth 
control, emergency contraception, in vitro fertilization, stem cell 
research and assisted suicide.

The rule, to be published today in the Federal Register, takes effect the 
day before President Bush leaves office.

It sets the stage for conflict in Barack Obama's incoming administration. 
In August, Obama criticized the rule proposal and said he was "committed 
to ensuring that the health and reproductive rights of women are 
protected."

The rule says providers -- including hospitals, clinics, universities, 
pharmacies and doctor's offices -- can be charged with discrimination if 
an employee is pressured to participate in care that is "contrary to their 
religious beliefs or moral convictions." Violators would lose their 
federal funds.

Critics of the rule said it was too broad and threatened the rights of 
patients.

They said they were particularly worried that patients would not be given 
full and complete information about their medical options. For example, 
they said, an antiabortion doctor in a federally funded clinic might 
refuse to tell a pregnant patient that her fetus had a severe abnormality. 
Or an emergency room worker might withhold from rape victims information 
about emergency contraception.

"This gives an open invitation to any doctor, nurse, receptionist, 
insurance plan or even hospital to refuse to provide information about 
birth control on the grounds that they believe contraception amounts to 
abortion," said lawyers for the National Women's Law Center.

Critics also cited the timing of the change.

"We are shocked that the Bush administration chose to finalize its 
midnight regulation and to take this parting shot at women's health and 
ignore patients' rights to receive critical healthcare services and 
information they deserve," said Cecile Richards, president of the Planned 
Parenthood Federation of America, in a statement. "We look forward to 
working with President-elect Obama and leaders in Congress to repeal this 
disastrous rule and expand patients' access to full healthcare information 
and services, not limit it."

An Obama spokesman, asked Thursday about the rule, said Obama "will review 
all 11th-hour regulations and will address them once he is president."

The Obama administration could revise the rule after he takes office Jan. 
20, but the process would probably be months long.

A speedier option would be a congressional resolution rejecting the Bush 
administration's late rules. Democratic Reps. Louise M. Slaughter of New 
York and Diana DeGette of Colorado said Thursday that they would lead such 
an effort.

Decades ago -- shortly after the Supreme Court in 1973 established a right 
to abortion -- Congress adopted laws clarifying that no one was required 
to perform an abortion. Later laws declared that "no individual shall be 
required to perform or assist" in any medical research or 
procedure "contrary to his religious beliefs or moral convictions."

The new rule is needed to enforce the laws, Secretary Leavitt said. In a 
preamble to the rule, he expressed concern about "an environment in 
sectors of the healthcare field that is intolerant of individual 
objections to abortion or individual religious beliefs or moral 
convictions."

He said that the "doctor- patient relationship requires a balancing of 
interests" and that doctors have a duty only "to provide care that they 
are comfortable providing."

Health and Human Services said in its regulation: "To avoid potential 
conflicts from occurring, we strongly encourage early, open and respectful 
communications between providers and patients surrounding sensitive issues 
of healthcare, including issues of conscience."

The U.S. Conference of Catholic Bishops, the Christian Medical Assn. and 
Americans United for Life praised the new rules. "Individuals and 
institutions committed to healing should not be required to take the very 
human life that they are dedicated to protecting," said conference 
spokeswoman Deirdre McQuade.

Abortion-rights lawyers agreed that no doctor could be required to perform 
abortions, but they said Health and Human Services should require doctors 
and medical clinics either to give patients full medical information or to 
refer patients to someone who does.

"We are concerned because this involves low-income folks who rely on 
federally funded clinics. They don't have the option of shopping around 
for providers when they seek medical care," said lawyer Jennifer Dalvin of 
the ACLU Reproductive Freedom Project.
 
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I'm guessing that gays will have a hard time finding treatment for HIV, 
too.

Merry Christmas, America.

Tom Hansen
Moscow, Idaho
 
"For a lapse Lutheran born-again Buddhist pan-Humanist Universalist 
Unitarian Wiccan Agnostic like myself there's really no reason ever to go 
to work."

- Roy Zimmerman


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