Bills/S. 47

Defense of Conscience in Health Care Act

Defense of Conscience in Health Care Act

In CommitteeHealthcareSenateSenate Bill · 119th Congress
Bill Progress · Senate
Introduced
Committee
Passed House
Passed Senate
Passed Both
Signed

Plain Language Summary

# Defense of Conscience in Health Care Act - Summary **What It Does:** This bill would require the Department of Health and Human Services to reinstate a 2019 rule that protects health care workers' rights to refuse performing certain medical procedures based on their religious or moral beliefs. The rule would apply to hospitals, clinics, and other health care facilities that receive federal funding. It would prevent the government from requiring these providers to participate in procedures they object to on conscience grounds—such as abortion or certain reproductive services—and would establish penalties for organizations that violate these protections. **Who It Affects:** The bill would impact health care workers (doctors, nurses, and other medical staff) who have religious or moral objections to certain treatments, as well as health care institutions receiving federal Medicare, Medicaid, or other government funding.

It could also affect patients seeking these services, depending on how broadly protections are applied in their local health care facilities. **Current Status & Background:** The bill is currently in committee and has not been voted on. The 2019 rule it references was blocked by federal courts, which found problems with how it was implemented. Supporters argue the bill protects workers' religious freedom, while critics have expressed concerns it could limit patient access to legal medical services.

CRS Official Summary

Defense of Conscience in Health Care ActThis bill requires the Department of Health and Human Services (HHS) to issue a final rule on protecting statutory conscience rights in health care that is identical or equivalent to the rule titled Protecting Statutory Conscience Rights in Health Care; Delegations of Authority, which was scheduled to take effect on July 22, 2019, but was vacated by courts. Federal law generally prohibits discrimination based on conscience or religious beliefs with respect to federally funded health care programs, including prohibiting recipients of certain federal funding from requiring health care providers to take actions that they find religiously or morally objectionable (e.g., providing referrals for abortions). In 2019, HHS issued a final rule revising the applicable regulations, including imposing certification and cooperation requirements, as well as establishing additional enforcement provisions and penalties. However, this rule was later vacated by federal courts and never took effect. In 2024, HHS issued another final rule that generally applied a pre-2019 enforcement framework while also maintaining certain aspects of the 2019 rule (e.g., specifically designating HHS' Office for Civil Rights as the entity with the authority to handle relevant complaints).The bill requires HHS to reinstate the 2019 rule in its entirety.

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Latest Action

January 9, 2025

Read twice and referred to the Committee on Health, Education, Labor, and Pensions.

Subjects

AbortionAdministrative law and regulatory proceduresDepartment of Health and Human ServicesEmployment discrimination and employee rightsHealth personnelHealth programs administration and fundingHigher educationMedicaidMedical educationMedical ethicsMedical researchMedicareReligionSex and reproductive healthState and local government operations

Sponsor

R
Hawley, Josh [R-MO]
R-MO · Senate

Key Dates

Introduced
January 9, 2025
Last Updated
January 9, 2025
Read Full Text on Congress.gov →
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