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Tuesday, November 18, 2008

Law - More on "Workers' Religious Freedom vs. Patients' Rights"

Updating this ILB entry from July 31, quoting a Washington Post story that began:

A Bush administration proposal aimed at protecting health-care workers who object to abortion, and to birth-control methods they consider tantamount to abortion, has escalated a bitter debate over the balance between religious freedom and patients' rights.
Richard Pear of the NY Times has a lengthy front-page story today that reports:
A last-minute Bush administration plan to grant sweeping new protections to health care providers who oppose abortion and other procedures on religious or moral grounds has provoked a torrent of objections, including a strenuous protest from the government agency that enforces job discrimination laws.

The proposed rule would prohibit recipients of federal money from discriminating against doctors, nurses and other health care workers who refuse to perform or to assist in the performance of abortions or sterilization procedures because of their “religious beliefs or moral convictions.”

It would also prevent hospitals, clinics, doctors’ offices and drugstores from requiring employees with religious or moral objections to “assist in the performance of any part of a health service program or research activity” financed by the Department of Health and Human Services.

But three officials from the Equal Employment Opportunity Commission, including its legal counsel, whom President Bush appointed, said the proposal would overturn 40 years of civil rights law prohibiting job discrimination based on religion.

The counsel, Reed L. Russell, and two Democratic members of the commission, Stuart J. Ishimaru and Christine M. Griffin, also said that the rule was unnecessary for the protection of employees and potentially confusing to employers. * * *

The protest from the commission comes on the heels of other objections to the rule by doctors, pharmacists, hospitals, state attorneys general and political leaders, including President-elect Barack Obama.

Mr. Obama has said the proposal will raise new hurdles to women seeking reproductive health services, like abortion and some contraceptives. Michael O. Leavitt, the health and human services secretary, said that was not the purpose.

Officials at the Health and Human Services Department said they intended to issue a final version of the rule within days. Aides and advisers to Mr. Obama said he would try to rescind it, a process that could take three to six months. * * *

Pharmacies said the rule would allow their employees to refuse to fill prescriptions for contraceptives and could “lead to Medicaid patients being turned away.” State officials said the rule could void state laws that require insurance plans to cover contraceptives and require hospitals to offer emergency contraception to rape victims.

See also this Nov. 14th ILB entry on "midnight regulations."

Posted by Marcia Oddi on November 18, 2008 04:42 PM
Posted to General Law Related