Provider Conscience Regulation

(Posted 3/3/09)
Late last week, the Department of Health and Human Services submitted an executive order for internal review to rescind and/or potential revise the provider conscience regulation issued by the Bush Administration in December 2008. At this point, there has not been any official document released. We expect there to be a formal notice and document posting possibly later this week or early next week.

As you may recall, the provider conscience regulation was issued to raise broad awareness of the fact that federal laws protecting the conscience rights of health care entities and providers from discrimination exist and have been in existence for decades. The conscience statutes include the "Church Amendments" enacted in the 1970s; Section 245 of the Public Health Service Act, enacted in 1996; and the Weldon Amendment, originally enacted in 2004.

Please be advised that any revision or rescission of the provider conscience regulation would not negate federal statutory conscience protection laws. Catholic health care has operated under the protection of these laws prior to the December 2008 Bush Administration regulation, and we will continue to be protected by them unless Congress enacts a change in the law.

CHA staff will continue to monitor the situation and provide additional information when it is available.