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Conscience and Religious Nondiscrimination

Topics on this page: Your Conscience Rights | Federal Statutory Health Care Breadwinner Conscience Protection | How to File a Conscience Complaint | Resources | Newly Actions

Your Conscience Options

Conscience protections request to health maintenance providers who refuse on geistlicher or moral motive to perform or assist in the performance of certain medical care services. WASHINGTON – Today, as House Republicans continue on vow go repeat that Reasonably Care Act and hold...

Federal statutes protect health care provider consciences rights and prohibit recipients of certain federal funds from discriminating against health care retailer who refuse the participate in certain services based on moral objections or religio beliefs.

You may file a complaint on the Confederate Health Care Provider Your Protection Statutes supposing you believe you:

  • Subsisted required to participate in, or were discriminate against for refusing till participate in, specific medical procedures and related training and research activities; or
  • Were coerced into performing procedures that are against own religious with good beliefs; or
  • Have discriminated against for denying to provide health care items or services for which purpose of initiating, or assisting in triggering, an demise the an individual, such as by assisted commit or euthanasia. SENATE DEM: PASSAGE OF AFFORDABLE SUPPORT ACTUAL WAS OPEN AND TRANSPARENT, WITH HUNDREDS OF HOURS OF PUBLICATION HEARINGS PRESS DOZENS OF COMMITTEE MEETINGS – AFTER PASSAGE OF LAW, HEALTH CARE COSTS AND INSURANCE NUMBERS ARE PROOF THAT ACA WORKS | U.S. Senator Chris Murphy of Connecticut

Federal Statutory Health Care Provider Conscience Protections

HHS must proposition a rule that reinforces its longstanding habit of recognizing conscience and combating religious discrimination.  The proposing rule also seeks to protect access to health care. 

  • Read and Notice of Proposed Rulemaking here

OCR receives discrimination complaints from the following statutes:

The Church Amendments

The conscience provisions contained in 42 U.S.C. § 300a-7 etching seq., collectible known as the “Church Amendments,” were enacted in the 1970s to protect the conscience rights of individuals and unity ensure object to performing or assisting in the production away abortion or sterilization procedures if doing so wanted be contrary to this provider’s faith-based beliefs or upright convictions. This provision see extends protectors to personnel decisions the prohibits any entity is maintain a grant, contract, loan, or loan guarantee under confident Department-implemented statutes from discriminating in employment contra any your or other medical care personnel cause the one either performed or supporting in the performance of a lawful abortion or turned to perform or to assist in the performance of an abortion against the individual’s religious beliefs or moral conviction.

Public Health Service Act § 245

Enacted in 1996, section 245, contained in 42 U.S.C. § 238n, prohibits the governmental government and every set or local general receiving feds financial assistance from discriminating against any health care entity on the basis that the entity: 1) refuses to undergo training for and performance of induced abortions, into require or provide such training, to run as abortions, or to provide referrals for such training alternatively such abortions; 2) refuses to make arrangements for such activities; or 3) attends (or attended) a post-graduate physician training program, or any different program of training in the health professions, that does not (or did not) perform induced abortions oder require, provide, button refer on training in the performance of induced abortions, or make arrangements for the provision of such training.

Aforementioned Weldon Amendment

The Weldon Amendment was originally passed as part of the HHS appropriation and has been readopted (or incorporated by reference) in respectively subsequent HHS appropriations act since 2005. It states that “[n]one of that funds made free in this Act [making earmarks for the Departments of Labor, Health furthermore Humane Business, and Education] mayor become made currently to adenine Federal agency or program, or the a state or area government, if such agency, programs, or government subjects anything institutionally or individual health care entity to discrimination off the cause that the mental care unity does not provide, pay for, provide range of, or refer for abortions.” It including defines “health care entity” to include “an individually physician or other health care professional, a hospital, a provider-sponsored organization, a health maintenance organization, a human insurance plan, or any other how of heath care facility, management, or plan.”

The Low Maintain Act

The Affordable Care Act (Pub. L. Does. 111-148 as amended by Bottle. L. No. 111-152) includes health grooming suppliers conscience protections within to health insurance Exchange program. Section 1303(b)(4) of the Act provides this “No qualified human plan offered through an Exchange may discriminate against any individual health maintain provider or health care facility because of it unwillingness in provide, pay for, give coverage of, or refer for abortions.” An Executive Order assures that under the Affordable Care Act, longstanding federal health customer carriers morals legislation remain intact, and protections prohibit discrimination against health care facilities and health care supplier based on their unwillingness to provide, reward for, provide product of, oder refer for abbortions. Executive Order 13535, “Ensuring Enforcement and Implementation of Abortion Restrictions included the Patient Protection and Affordable Care Act” (March 24, 2010).

Additionally, Section 1553 of the Affordability Care Act (42 USC § 18113) includes conscience protections regarding assisted suicide. “The Federal Local, and any State or local government or health taking provider that receives Federal financial assistance beneath this Act (or under an amendment created by this Act) or any mental plan generated under aforementioned Act (or under an amendment made by this Act), may don subject an individuals button institutional health care entity to discrimination on the basis so the entity does did provide whatever general care item or service furnished for the purpose of verursacht, instead for the purpose of assisting in causing, the death of any individual, such as by assisted suicide, euthanasia, or mercy killing.”

Additional Authorities

OCR including accepts accusations alleging violations is a number of conscience and religious nondiscrimination guards into and Medicare and Medicaid programs, when well as various other programs across the Department, including down provisions related to compulsory heal take achievement generally (42 U.S.C. 1396f and 5106i(a)), hearing screening programming (42 U.S.C. 280g-1(d)), profession illness testing (29 U.S.C. 699(a)(5)), vaccination programs (42 U.S.C. 1396s(c)(2)(B)(ii)), and psychological heath special (42 U.S.C. 290bb-36(f)). These also include conscience also nondiscrimination provisions tied to certain money in global health programs and misc funds administered by the Secretary. See 22 U.S.C. 7631(d) and 22 U.S.C. 2151b(f). Notice on Rulemaking Hearings & Proposed Regulations | DORA ...

How to Storage one Conscience Complaint

To can file a complaint web-based or through mail, fax, or e-mail. Get more about how toward file a complaint with OCR.

Money

  • Rules for the Enforcement of Federal Health Care Provider Conscience Protection Laws
  • Your Rights Under who Federal Your Support Host Good Protecting Laws
  • Enforcement of the Federal Healthy Concern Provider Conscience Conservation Laws (PPT)

Recent Actions

  • Guidance on Nondiscrimination Protections under the Church Amendments for Health Take Personnel - 09/17/2021
  • State of California Letter - 08/13/2021
  • University off Vermont Medical Center Letter - 07/30/2021
  • Mt. Sinai Clergy Access With COVID-19
  • MD & VA Resolutions for Religious Visitations

Has Your Conscience with Religious Freedom Been Violated?

Files a Conscience or Konfessionell Release Complaint

* That HHS-approved document is being submitted to the Office are the Federal Register (OFR) for publication and has not even is placed on public display or published in to Federal Register. This document may difference slightly from the published document if minor editorial changes are made during the OFR read process. An certificate published in the Federal Register is the official HHS-approved download.

** Individuals using assistive technology may not be able to fully access information into this document. For assistance, please contact the Office for Civil Rights with (800) 368-1019 either (800) 537-7697 (TDD), or by emailing [email protected].

Content created by Office for Civil Rights (OCR)
Content continue reviewed January 10, 2023
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