In a January 23rd story, the National Journal outlined the recent steps taken by the Department of Health and Human Services to prioritize religious freedom. Within the past week, HHS has formed the Conscience and Religious Freedom Division, released a proposed rule to enforce existing conscience protections for HHS-funded programs, and rescinded guidance to Medicaid directors that prevented state programs from taking actions against abortion providers.

The conscience protections that the proposed rule addresses include ones related to abortion, sterilization, and assisted suicide. 

Supporters of the new guidelines argue that they will help an agency enforce federal law and possibly improve responses to complaints. Activists on the left fear the actions will pave the way for discrimination against certain groups of people.

Professor Robin Wilson cautions that the decisions could lead health care practitioners and providers to think that there are broader conscience protections than what is provided in statute.

"If you are not a careful reader when you go to HHS’s website, you may come away believing there is actually more protection for ordinary conscience in every health care procedure than there really is," she said.

As a result, this could cause hospital systems to tread carefully around certain procedures to avoid an HHS investigation, even if requiring such services does not violate the law.

"I think this may have a chilling effect or, from the perspective of objectors, a very protective effect. Not because the website’s bulleted descriptions are an accurate statement of the law, but precisely because it will make hospital systems that might want doctors and other providers to just do the service, to think twice about placing pressure on those providers," said Wilson.

Full story at nationaljournal.com.