Help repeal the Federal Refusal Rule
The Department of Health and Human Services has proposed rescinding the controversial "Federal Refusal Rule" prohibiting employment discrimination against health care workers who refuse to provide abortion-related services because of moral objections, according to a proposed rule scheduled for publication in the March 10 Federal Register. The proposed rule would roll back a regulation finalized in the waning days of the Bush administration that was designed to increase awareness of, and compliance with, existing laws protecting providers' “rights of conscience” (73 Fed. Reg. 78072; 244 HCDR, 12/19/08). Specifically, the regulation requires certain recipients of federal funds to certify their compliance with laws prohibiting discrimination or retaliation against health care workers who refuse to participate in any abortion-related services on religious or moral grounds. However, opponents of the regulation believe it limits patients' access to health care services such as birth control or emergency contraception and confuses existing provider protections (38 HCDR, 3/2/09). In the proposed rule, HHS said that comments on the regulation “raised a number of questions that warrant further careful consideration. It is important that the Department have the opportunity to review this regulation to ensure its consistency with current Administration policy.” HHS will accept comments on the proposed rule until April 9. Comments may be submitted electronically on the Web site www.Regulations.gov (by entering 0991-AB49 in the search box) or via e-mail to proposedrescission@hhs.gov. Attachments may be in Microsoft Word, WordPerfect or Excel, but Microsoft Word is preferred. By mail, one original and two copies of written comments may be sent to: Office of Public Health and Science, Department of Health and Human Services, Attention: Rescission Proposal Comments, Hubert H. Humphrey Building, 200 Independence Ave. SW, Room 716G, Washington, DC 20201. During the 30-day comment period that commences now, the Department is seeking: 1. Information, including specific examples where feasible, addressing the scope and nature of the problems giving rise to the need for federal rulemaking and how the current rule would resolve those problems;
2. Information, including specific examples where feasible, supporting or refuting allegations that the December 19, 2008 final rule reduces access to information and health care services, particularly by low-income women;
3. Comment on whether the December 19, 2008 final rule provides sufficient clarity to minimize the potential for harm resulting from any ambiguity and confusion that may exist because of the rule; and
4. Comment on whether the objectives of the December 19, 2008 final rule might also be accomplished through non-regulatory means, such as outreach and education. Please submit comments strongly support rescission of this rule. We have 30 days to do it!
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