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Profile: Provider Refusal Rule

Provider Refusal Rule was a participant or observer in the following events:

According to media reports, the Obama administration intends to reverse the “right of conscience rule,” formally called the Provider Refusal Rule, for health care workers enacted by President Bush in the last weeks of his term. In December 2008, Bush issued an executive order allowing health care workers to deny care based on their personal beliefs. The order was issued to target doctors and nurses who do not want to provide abortions, even if they work in a facility that offers abortions to clients. Specifically, the rule denies Department of Health and Human Services (HHS) funding to institutions that do not allow workers to refuse care that goes against their beliefs. Now the Obama administration says President Obama will override that order. Seven states have already challenged the rule, claiming it sacrifices the health of patients in order to satisfy the religious or moral beliefs of medical personnel. The American College of Obstetrics and Gynecology has reported cases such as that of a Virginia mother of two who became pregnant because she was denied emergency contraception; in Texas, the group said, a rape victim had her prescription for emergency contraception rejected by a pharmacist. Obama has already overturned a ban on US funding for international aid groups that provide abortion services. However, administration officials say the administration may consider a rule that would clarify what health care workers can reasonably refuse. An HHS spokesman says: “We recognize and understand that some providers have objections to providing abortions. But we do not want to impose new limitations on services that would allow providers to refuse to provide to women and their families services like family planning and contraception that would actually help prevent the need for an abortion in the first place.” Dr. Suzanne Poppema of Physicians for Reproductive Choice and Health praises Obama “for placing good health care above ideological demands,” and says: “Physicians across the country were outraged when the Bush administration, in its final days, limited women’s access to reproductive health care. Hundreds of doctors protested these midnight regulations and urged President Obama to repeal them quickly. We are thrilled that President Obama took the first steps today to ensure that our patients’ health is once again protected.” Tony Perkins of the anti-abortion Family Research Council (FRC) counters: “Protecting the right of all health care providers to make professional judgments based on moral convictions and ethical standards is foundational to federal law and is necessary to ensure that access to health care is not diminished, which will occur if health care workers are forced out of their jobs because of their ethical stances. President Obama’s intention to change the language of these protections would result in the government becoming the conscience and not the individual. It is a person’s right to exercise their moral judgment, not the government’s to decide it for them.” [Chicago Tribune, 2/27/2009; CNN, 2/27/2009; New York Times, 2/27/2009] The liberal Center for American Progress (CAP) writes in April 2009: “Conservatives have criticized the Obama administration for infringing upon the conscience of health care professionals and ‘forcing’ them to provide abortion services.… Yet this assertion could not be further from the truth. President Obama’s proposal to rescind Bush’s last-minute rule restores the pre-existing compromise established through decades of debate.” CAP notes that Title VII of the Civil Rights Act disallows employers from firing or harassing workers who decline to fulfill assigned tasks due to moral or religious objections. “Obama’s proposal to rescind the Bush ‘conscience’ rule simply restores the prior balance that existed on matters of conscience,” CAP concludes. “It once again guides the health care system to value the consciences of health care providers and patients.” [Jessica Arons and Sarah Dreier, 4/28/2009] However, for reasons never made publicly clear, the Obama administration will never actually rescind the order. It is possible that Obama or HHS officials bow to pressure from a number of organizations such as the FRC and the Christian Medical Association, which have continually pressured the administration not to rescind the order. [Fox News, 4/8/2009; Time, 2/4/2010; Megan Sullivan, 7/13/2010]

Entity Tags: American College of Obstetrics and Gynecology, Family Research Council, Christian Medical Association, Barack Obama, Bush administration (43), Center for American Progress, Tony Perkins, George W. Bush, US Department of Health and Human Services, Obama administration, Provider Refusal Rule, Suzanne Poppema

Timeline Tags: US Health Care

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