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Zeno Swijtink
09-21-2008, 10:03 AM
September 19, 2008
OP-ED CONTRIBUTOR
Blocking Care for Women (https://www.nytimes.com/2008/09/19/opinion/19clinton.html)
By HILLARY RODHAM CLINTON and CECILE RICHARDS

LAST month, the Bush administration launched the latest salvo in its eight-year campaign to undermine women’s rights and women’s health by placing ideology ahead of science: a proposed rule from the Department of Health and Human Services that would govern family planning. It would require that any health care entity that receives federal financing — whether it’s a physician in private practice, a hospital or a state government — certify in writing that none of its employees are required to assist in any way with medical services they find objectionable.

Laws that have been on the books for some 30 years already allow doctors to refuse to perform abortions. The new rule would go further, ensuring that all employees and volunteers for health care entities can refuse to aid in providing any treatment they object to, which could include not only abortion and sterilization but also contraception.

Health and Human Services estimates that the rule, which would affect nearly 600,000 hospitals, clinics and other health care providers, would cost $44.5 million a year to administer. Astonishingly, the department does not even address the real cost to patients who might be refused access to these critical services. Women patients, who look to their health care providers as an unbiased source of medical information, might not even know they were being deprived of advice about their options or denied access to care.

The definition of abortion in the proposed rule is left open to interpretation. An earlier draft included a medically inaccurate definition that included commonly prescribed forms of contraception like birth control pills, IUD’s and emergency contraception. That language has been removed, but because the current version includes no definition at all, individual health care providers could decide on their own that birth control is the same as abortion.

The rule would also allow providers to refuse to participate in unspecified “other medical procedures” that contradict their religious beliefs or moral convictions. This, too, could be interpreted as a free pass to deny access to contraception.

Many circumstances unrelated to reproductive health could also fall under the umbrella of “other medical procedures.” Could physicians object to helping patients whose sexual orientation they find objectionable? Could a receptionist refuse to book an appointment for an H.I.V. test? What about an emergency room doctor who wishes to deny emergency contraception to a rape victim? Or a pharmacist who prefers not to refill a birth control prescription?

The Bush administration argues that the rule is designed to protect a provider’s conscience. But where are the protections for patients?

The 30-day comment period on the proposed rule runs until Sept. 25. Everyone who believes that women should have full access to medical care should make their voices heard. Basic, quality care for millions of women is at stake.

Hillary Rodham Clinton is a Democratic senator from New York. Cecile Richards is the president of the Planned Parenthood Federation of America.

Sylph
09-21-2008, 02:30 PM
This is a critical issue coming under the guise of 'individual conscience'.
Please leave a comment at the HHS site.
For more on this:
https://www.ourbodiesourblog.org/blog/2008/08/the-high-cost-of-the-new-hhs-rule-privileging-conscience-over-patients (https://www.ourbodiesourblog.org/blog/2008/08/the-high-cost-of-the-new-hhs-rule-privileging-conscience-over-patients)
August 28, 2008
The Many Costs of the New HHS Rule Privileging Conscience Over Patients


A couple of good items today worth reading on the proposed Health & Human Services regulations that would allow federal health officials to withdraw funding from all medical providers and services receiving HHS support that do not let employees opt out of providing basic health care services they find objectionable.

First up, in this post (https://blog.thehill.com/2008/08/28/proposed-hhs-rule-harmful-to-womens-interests) at The Hill’s Congress Blog, Judy Waxman, vice president of the National Women’s Law Center (https://www.nwlc.org/), highlights an essential point about the new rule: it doesn’t just affect birth control and abortion, but a whole range of health care services — including end-of-life care and treatment for HIV, depression, infertility and drug addiction.
"It allows any employee of a health care provider working in a program that receives HHS funding to refuse to treat any individual receiving any service — if doing so would violate his or her moral beliefs — without regard for the needs of the patients," writes Waxman.
Neither does the rule make any reference to existing federal employment law, Title VII, which, as Waxman notes, already "provides a careful balance of protecting the religious beliefs of all employees – including health care providers – while also allowing employers to ensure that patients get access to vital health care services and information."
It’s really quite astonishing that the Bush administration would seek to implement new regulations — to the costly tune of $44 million (https://www.washingtonpost.com/wp-dyn/content/story/2008/08/21/ST2008082103218.html) — to appease social conservatives during the final months of Bush’s presidency.
Meanwhile, Jesse Taylor, writing at RH Reality Check (https://www.rhrealitycheck.org/blog/2008/08/22/provider-conscience-or-god-complex), questions why conscience should be given more consideration than the medical needs of patients:

There’s a problem with the Department of Health and Human Services’ new regulations allowing for medical professionals - from doctors and nurses to EMTs and pharmacists - to exercise their conscience when it comes to providing not just abortion but all kinds of medical care. The problem isn’t the recognition of conscience itself, but the contention that conscience in a particularly and consistently skewed manner supercedes everything else. [...]
HHS Secretary Michael Leavitt posts the following on his blog:<DIR>
Is the fear here that so many doctors will refuse that it will somehow make it difficult for a woman to get an abortion? That hasn’t happened, but what if it did? Wouldn’t that be an important and legitimate social statement?
There is no more frightening statement coming out of the mouth of the man who oversees federal guidelines on medical care than this. "Hey, what if it’s hard to get legal medical care? Wouldn’t that be keen?" This isn’t some idle musing - it’s someone with a lot of power musing about the super-awesomeness of the people with your life in their hands getting to decide on the basis of personal morality whether or not you deserve medical care.</DIR>