On Nov. 6 a federal judge struck down a new rule that could open the way for more health care workers to refuse to participate in abortions or other procedures on moral or religious grounds.
U.S. District Judge Paul A. Engelmayer said the U.S. Health and Human Services Department (HSS) overstepped its authority and went beyond existing law in issuing the rule. He also said the measure could be costly, burdensome and damaging to emergency care.
Health care institutions have long relied on federal Conscience Provisions — first created in 1973 and amended since then — that protected health care professionals from carrying out services that conflict with their religious or moral beliefs.
The new HHS rule broadens the list of health care personnel who can refuse to participate, expanding it to those who counsel, refer, train or make arrangements for a medical procedure.
It also restricts the ability of employers to inquire about employees’ objections and broadens the definition of health care entities to include pharmacists and medical laboratories.
Engelmayer said it should be left to Congress to decide whether to change the laws regarding employers’ duty to accommodate religious objections.
HHS and the Justice Department are reviewing the ruling but “will not comment on the pending litigation at this time,” said Caitlin Oakley, a HHS spokeswoman. (AP, TAB)
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