Commentary re: Regulation 45 CFR Part 88 (2011)
U.S. Department of Health and Human Services
Ensuring That Department of Health and Human Services Funds Do Not
Support Coercive or Discriminatory Policies or Practices in Violation of
Federal Law
- Note: This regulation, issued in December, 2008 by
the Bush Administration, was eviscerated by the Obama Administration and
re-issued in February, 2011 under the same name. [For comparison, see
archived text of 2008 regulation and related
commentary.]
On 21 August, 2008, the Department issued the final draft of a proposed
regulation,
Ensuring
that Department of Health and Human Services Funds Do Not Support Coercive
or Discriminatory Policies or Practices In Violation of Federal Law,
with a deadline of 25 September, 2008 for public comments. The stated goals
of the regulation were:
(1) educate the public and health care providers on
the obligations imposed, and protections afforded, by federal law;
(2) work with State and local governments and other
recipients of funds from the Department to ensure compliance with the
nondiscrimination requirements embodied in the Church Amendments, PHS Act §
245, and the Weldon Amendment;
(3) when such compliance efforts prove unsuccessful,
enforce these nondiscrimination laws through the various Department
mechanisms, to ensure that Department funds do not support morally coercive
or discriminatory practices or policies in violation of federal law; and
(4) otherwise take an active role in promoting open
communication within the healthcare industry, and between providers and
patients, fostering a more inclusive, tolerant environment in the health
care industry than may currently exist."
In December, 2008 the Department responded to the comments received and
issued the
final rule in the Federal Register. The rule took effect on the last day
of the outgoing Bush administration in January, 2009.
The incoming Obama administration was opposed to the regulation. In
March, 2009 it announced its intention to revoke the rule and solicited
comments on its plan for a 30 day period ending 9 April. The Department
received over 300,000 comments on its proposal to revoke the Bush
regulation, 187,000 of which (62%) were opposed to revocation.
The
new regulation was announced in February, 2011 and came into force the
following month.
The materials posted in relation to this regulation are listed below.
2011-02-17
Heartland Institute
2011-02-18
Christian Medical Association
2011-02-18
US Conference of Catholic Bishops
2011-02-18
Americans United for Life
2011-02-21
Obama Administration Guts Healthcare Conscience Regulation
2011-03-16
Letter to Secretary Sebelius from Medical Students for Life of America
et al
2011-02-19
Commentary by U.S. Department of Health and Human Services
2011-02-21
Commentary by Christian Medical Association
2011-03-09
The Progressive Case for Conscience Protection