U.S. House of Representatives Energy and Commerce Sub-Committee on Health
Do New Health Care Mandates Threaten Conscience Rights and Access to 
	Care?
	2 November, 2011  
	Testimony of David L. Stevens, MD, MA (Ethics)
                        CEO, Christian Medical Association
	                    					
				
				
    
	
	    Sub-Committee Hearing
	Summary of arguments
	1. The potential "religious exemption" in the 
	contraception mandate--exempting only a nano-sector of "religious employers" 
	from the guidelines--is meaningless to conscientiously objecting health care 
	professionals, insurers and patients.
	2. The contraception mandate can potentially trigger a decrease 
	in access to health care by patients in medically underserved 
	regions and populations.
	3. The contraception mandate further contributes to an 
	increasingly hostile environment in which medical students, 
	residents and graduate physicians face discrimination, job loss and 
	ostracism for holding pro-life views on abortion, controversial 
	contraceptives and other ethical issues.
	4. The contraception mandate creates a climate of coercion 
	that can prompt pro-life health care professionals to limit the scope of 
	their medical practice and can discourage pro-life medical students and 
	residents from choosing careers in Family Medicine, Obstetrics and 
	Gynecology and other specialties likely to involve conflicts of conscience.
	5. The contraception mandate can potentially cause a decrease in 
	the provision of health insurance for employees of pro-life health 
	care employers who want to avoid conflicts of conscience regarding the 
	subsidy and implied endorsement of controversial contraceptives.
	David Stevens, MD Christian Medical Association Page 2 of 8
	Testimony
	Mr. Chairman, I am testifying on behalf of the over 16,000 members of the 
	Christian Medical Association, a professional membership organization that 
	helps healthcare professionals to integrate their faith and profession and 
	to care for patients according to longstanding ethical and moral principles. 
	I am a Diplomate of the American Board of Family Medicine and hold a 
	master's degree in bioethics.
	Our members include physicians who hold a range of conscience convictions 
	on controversial ethical and moral issues including contraception, health 
	care reform, participation in the death penalty, and other conscience issues 
	that span the left-right political spectrum.
	
		- Virtually all medical professionals and student members we recently 
		surveyedi say it is "important to 
		personally have the freedom to practice health care in accordance with 
		the dictates of [his or her] conscience."
 
- Even more specific to our topic today, over nine of ten say they 
		"would not prescribe FDA-approved contraceptives that might cause the 
		death of a developing human embryo."
The principle of physicians practicing professional judgment regarding 
	both medical options and ethical standards is neither novel nor new; in 
	fact, it has guided the practice of medicine for millennia.
	Many physicians today conscientiously profess allegiance to 
	life-affirming ethical standards such as the Hippocratic oath, which was 
	first adopted over two millennia ago to protect the interests of patients 
	and establish objective professional standards. It is especially important 
	today for pro-life patients to retain the freedom to choose physicians whose 
	professional judgments reflect the patient's own life-affirming values.
	[Page 3 of 8] The HHS interim final 
	regulations would force insurance plans nationwide to cover "all Food and 
	Drug Administration approved contraceptive methods, sterilization 
	procedures, and patient education and counseling for all women with 
	reproductive capacity."
	The contraception mandate does not exempt controversial drugs such as 
	Ella and the "morning-after pill," which according to the FDA have 
	post-fertilization effects that "may inhibit implantation" of a living human 
	embryo. That is an issue of weighty moral concern for many pro-life and 
	faith-based health care professionals, individuals and groups.
	The potential "religious exemption" in the contraception 
	mandate--exempting only a nano-sector of "religious employers" from the 
	guidelines--is meaningless to conscientiously objecting health care 
	professionals, insurers and patients.
	The HHS rule implementing provisions of the Patient Protection and 
	Affordable Care Act fits a pattern of this administration's extremely narrow 
	and limiting view of conscience rights. The HHS rule has the potential to 
	negatively impact patients and health care professionals in the following 
	ways:
	
	- 1. The contraception mandate can potentially 
	trigger a decrease in access to health care by patients in 
	medically underserved regions and populations.
- The New York Timesii 
	reports that "Health policy experts have long expressed concern about a 
	shortage of primary care doctors, including family physicians and 
	internists. The shortage, they say, could become more serious if, as 
	President Obama hopes, more than 30 million people gain insurance coverage 
	under the health care law passed last year."
		- [Page 4 of 8] Ironically, the administration's own policies on the exercise of conscience in 
health care, including the gutting of the only federal conscience-protecting 
regulation, actually threaten to worsen the physician shortage.
 
- A national surveyiii of over 2,100 faith-based physicians 
revealed that over nine of ten are prepared to leave medicine if pressured to 
compromise their ethical and moral commitments.
 
- The recent survey of our members revealed that 85 percent of medical 
professionals and students said that "policies that restrict the exercise of 
conscience in health care" make it less likely that they will "practice health 
care in the future."
 2.  The contraception mandate further
	contributes to an increasingly hostile environment in which 
	medical students, residents and graduate physicians face discrimination, job 
	loss and ostracism for holding pro-life views on abortion, controversial 
	contraceptives and other ethical issues. This administration's gutting of 
	the only conscience-protecting federal regulation only serves to reinforce 
	such intolerance.
	
	3. The contraception mandate creates a 
	climate of coercion that can prompt pro-life health care 
	professionals to limit the scope of their medical practice and can 
	discourage pro-life medical students and residents from choosing careers in 
	Family Medicine, Obstetrics and Gynecology and other specialties likely to 
	involve conflicts of conscience.
	
		- 
		[Page 5 of 8]Over half 
		of the medical professionals and students we surveyed said the "new 
		contraception mandate might cause [them] to restrict [their] practice of 
		medicine." 
- 
		One out of five faith-based medical students 
		surveyed say they will not go into an Ob-Gyn specialty because of 
		abortion-related pressures. 
4. The contraception mandate can potentially 
	cause a decrease in the provision of health insurance for employees 
	of pro-life health care employers who want to avoid conflicts of conscience 
	regarding the subsidy and implied endorsement of controversial 
	contraceptives.
	
	The contraceptive mandate rule sweepingly tramples conscience rights, 
	which have not only provided a foundation for American civil liberties but 
	also a foundation for the ethical and professional practice of medicine.
	The administration should rescind this mandate entirely, for the ethical 
	and practical reasons I have noted that especially impact faith-based and 
	pro-life health care professionals and patients. The rule should also be 
	rescinded for the constitutional and statutory reasons outlined in our 
	official comment letter of September 29 to HHS, which I am submitting 
	separately and ask to be included in the record.
	
	We encourage Members of Congress to uphold conscience rights by passing 
	the Respect for Rights of Conscience Act, which will ensure that
	"health care stakeholders retain the right to provide, 
	purchase, or enroll in health coverage that is consistent with their 
	religious beliefs and moral convictions, without fear of being penalized or
	[Page 6 of 8] discriminated against … and to 
	ensure that no requirement in [the new health care law] creates new 
	pressures to exclude those exercising such conscientious objection from 
	health plans or other programs…."
	Upholding a respect for conscience and our First Amendment freedoms 
	protects all Americans: conservatives and liberals, capitalists and 
	socialists, atheists and people of faith.
	Thank you for your consideration of these views.
	David Stevens, MD 
	Christian Medical Association 
	
	Addendum
	[Page 7 of 8]
	September 29, 2011 - Submitted Electronically
	Centers for Medicare & Medicaid Services
	Department of Health and Human Services
	Attn: CMS-9992-IFC2
	PO Box 8010
	Baltimore, Maryland 21244-8010
	Re: Interim Final Rule on Preventive Services. File Code CMS-9992-IFC2.
	Dear Sir or Madam:
	I am writing on behalf of the 16,000 members of the Christian Medical 
	Association, a professional membership organization that helps healthcare 
	professionals to integrate their faith and profession and to care for 
	patients according to longstanding ethical and moral principles.
	We offer comments on the amendments to the interim final regulations (76 
	Fed. Reg. 46621 (Aug. 3, 2011)) regarding mandatory coverage nationwide of 
	certain preventive health services under provisions of the Patient 
	Protection and Affordable Care Act.
	Key components of the mandate that especially impact faith-based health 
	care include the following:
	
		- The new rule would force insurance plans to cover "all Food and Drug 
		Administration approved contraceptive methods, sterilization procedures, 
		and patient education and counseling for all women with reproductive 
		capacity."
 
- The Amended Regulations only consider for potential exemption a 
		"religious employer" to be one that "(1) Has the inculcation of 
		religious values as its purpose; (2) primarily employs persons who share 
		its religious tenets; (3) primarily serves persons who share its 
		religious tenets; and (4) is a non-profit organization under section 
		6033(a)(1) and section 6033(a)(3)(A)(i) or (iii) of the [Internal 
		Revenue Code]."  Conscientiously objecting individuals and 
		religiously affiliated health insurers are not exempted.
 
- The new rule does not exempt drugs that according to the FDA have 
		post-fertilization effects that "may inhibit implantation" of a living 
		human embryo--an issue of weighty moral concern for many faith-based 
		health care professionals, individuals and groups.
The administration should rescind this mandate entirely, for the 
	following reasons:
	1. Pregnancy is not a disease to be prevented; 
	therefore, mandating contraceptives has no place in preventive disease 
	policies.
	2. The federal mandate imposes a radical ideological 
	stance--unprecedented in and inconsistent with federal law--regarding 
	conscience, contraception and abortion, on the vast majority of states that 
	have taken a far less coercive and far more balanced approach.
	3. [Page 8 of 8]The 
	mandate violates the Constitution, federal law and the administration's 
	stated policies:
	a. The mandate violates the religion and free speech 
	clauses of the First Amendment of the Constitution, by coercing faith-based 
	health care ministries to not only violate the very faith-based tenets that 
	have motivated patient care for millennia, but also to pay for that 
	violation.
	b. The mandate violates the Weldon amendment, passed 
	every year by Congress since 2004.
	c. The mandate violates the abortion and 
	non-preemption provisions of the Patient Protection and Affordable Care Act 
	(PPACA).
	d. The mandate violates the Administration's own 
	public assurances that PPACA would not be construed to require coverage of 
	abortion; it also violates the related presidential Executive Order to 
	secure passage of the Act.
	4. The potential "religious exemption" is 
	meaningless:
	a. The preamble to the Amended Regulations offers no 
	actual exemption but merely allows "additional discretion" to exempt a 
	nano-sector of "religious employers" from the guidelines regarding 
	contraception.
	b. The potential exemption provides no protection to 
	conscientiously objecting individuals or insurers.
	c. The narrow potential exemption is far more 
	restrictive than any other genuine religious exemption in federal health 
	care law.
	d. HHS is not constitutionally empowered--especially 
	absent a compelling state interest--to simply make up its own definition of 
	religious ministry.
	5. Such conscience-violating mandates will ultimately 
	reduce patients' access to faith-based medical care, especially depriving 
	the poor and medically underserved populations of such care. A national 
	survey (available at www.Freedom2Care.org) of over 2,100 faith-based 
	physicians revealed that over nine of ten are prepared to leave medicine if 
	pressured to compromise their ethical and moral commitments.
	
	Thank you for your consideration of these views.
	Sincerely,
	David Stevens, MD, MA (Ethics)
	CEO
	Notes
	i.   Christian Medical Association online 
	survey of membership conducted Oct. 24-29, 2011, N=1,177.
	ii.   New York Times, "Administration Halts 
	Survey of Making Doctor Visits, June 28, 2011.
	iii.   Available online at 
	https://www.freedom2care.org/learn/page/polls-april-2009.