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This bill would require the Department of Health and Human Services to bring back a previous federal rule that protects health care workers and others who object to certain medical services on religious or moral grounds. Within six months after the bill becomes law, the agency would have to issue a final rule that is the same as, or very similar to, the rule that was in place on July 22, 2019. The bill also says that this new rule would override any older or conflicting rule already in effect. In simple terms, it is meant to strengthen and restore federal conscience protections in health care.
- The Department of Health and Human Services would have 6 months to issue the new rule.
- The rule would need to match, or closely resemble, the former rule found in part 88 of title 45 of the Code of Federal Regulations as it existed on July 22, 2019.
- The rule would apply under federal conscience and anti-discrimination laws, which are meant to protect people who refuse to take part in certain health care actions because of their beliefs.
- The bill says the new rule would replace any conflicting rule that is already on the books when the new rule is issued.
Official Summaries
Defense of Conscience in Health Care Act
This bill requires the Department of Health and Human Services (HHS) to issue a final rule on protecting statutory conscience rights in health care that is identical or equivalent to the rule titled Protecting Statutory Conscience Rights in Health Care; Delegations of Authority, which was scheduled to take effect on July 22, 2019, but was vacated by courts.
Federal law generally prohibits discrimination based on conscience or religious beliefs with respect to federally funded health care programs, including prohibiting recipients of certain federal funding from requiring health care providers to take actions that they find religiously or morally objectionable (e.g., providing referrals for abortions).
In 2019, HHS issued a final rule revising the applicable regulations, including imposing certification and cooperation requirements, as well as establishing additional enforcement provisions and penalties. However, this rule was later vacated by federal courts and never took effect. In 2024, HHS issued another final rule that generally applied a pre-2019 enforcement framework while also maintaining certain aspects of the 2019 rule (e.g., specifically designating HHS' Office for Civil Rights as the entity with the authority to handle relevant complaints).
The bill requires HHS to reinstate the 2019 rule in its entirety.
Current Full Text
[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 47 Introduced in Senate (IS)]
<DOC>
119th CONGRESS
1st Session
S. 47
To provide for regulations on protecting statutory conscience rights in
health care.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 9, 2025
Mr. Hawley introduced the following bill; which was read twice and
referred to the Committee on Health, Education, Labor, and Pensions
_______________________________________________________________________
A BILL
To provide for regulations on protecting statutory conscience rights in
health care.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Defense of Conscience in Health Care
Act''.
SEC. 2. REGULATIONS ON PROTECTING STATUTORY CONSCIENCE RIGHTS IN HEALTH
CARE.
(a) In General.--Not later than 6 months after the date of
enactment of this Act, the Secretary of Health and Human Services
shall--
(1) issue, under the Federal conscience and anti-
discrimination laws, a final rule that is identical or
materially equivalent to the former rule stated in part 88 of
title 45, Code of Federal Regulations, as in effect on July 22,
2019 (84 Fed. Reg. 23170; relating to protecting statutory
conscience rights in health care; delegations of authority);
and
(2) specify in the final rule that the rule supersedes any
contrary rule in existence on the date of issuance.
(b) Definition.--In this section, the term ``Federal conscience and
anti-discrimination laws'' has the meaning given the term in the former
rule specified in subsection (a)(1).
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