Federal Rule Encourages Healthcare Providers to Post Notice of Patients’ Civil Rights

Compassion & Choices Led Fight by 50 Groups to Partially Rescind Prior Restrictive
January 18, 2024
Bernadette Nunley, National Director of Policy

Bernadette Nunley, National Director of Policy

Compassion & Choices praised a federal agency for announcing a Final Rule that clarifies the process for enforcing federal conscience laws and strengthens protections against conscience and religious discrimination.

The U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR)issued the Final Rule last week, entitled Safeguarding the Rights of Conscience as Protected by Federal Statutes. It is the HHS’s latest action in furtherance of Executive Order 13985, entitled Advancing Racial Equity and Support for Underserved Communities Through the Federal Government.

Compassion & Choices drafted a letter in 2022, coauthored by 49 other advocacy groups, requesting HHS to: “…remove the prior 2019 ‘Conscience Rule,’ which allowed health care providers and other entities covered under the 2019 rule to impede and deny patients access to care.”

While three federal district courts subsequently ruled the 2019 rule unlawful, the group letter concluded:

“We believe that swift rescission of the 2019 Conscience Rule…is necessary to ensure that patients will not be denied access to medical care, including the ability to terminate a pregnancy, access information about their medical options, or make decisions about their care at the end of life.”

The Final Rule clarifies what federal conscience laws OCR enforces, details how OCR will enforce federal conscience laws, and encourages covered entities, such as grantees and providers, to voluntarily post a notice of rights to ensure compliance and educate the public about conscience statutes and rights.

“While the notice of rights in this Final Rule is only voluntary, it is a step forward,” said Bernadette Nunley, national director of policy for Compassion & Choices. “We will continue to encourage healthcare systems and clinicians to actively and fully inform patients about the care options they will–and will not–provide. Patients deserve to know their medical options so they can make fully informed decisions about their available care and treatment.”

Compassion & Choices
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