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09/27/08-09/29/08

Critics: Proposed "Provider Conscience" Regulation Threatens Public Health

A proposal by the U.S. Department of Health and Human Services to expand federal protections for health care workers' religious beliefs could threaten the care that patients receive, several organizations are arguing. LGBT people are at particular risk if the proposed "provider conscience" regulation goes into effect, the groups assert, because the rule would allow workers, on the basis of their faith convictions, to refuse care to patients.

"Existing law already protects workers against religious discrimination," Lambda Legal senior counsel Jennifer C. Pizer said in a statement. "The law requires 'reasonable accommodation' of religious beliefs -- and that's a fair approach because religious freedom matters a lot. But the changes that HHS proposes are so broad, vague, and confusing that they risk inviting health workers with antigay beliefs to refuse treatment and otherwise to discriminate against very vulnerable patients."

Rebecca Fox, director of the National Coalition for LGBT Health, says the proposed regulations will affect more than just gay people. "HHS's proposed regulations will have a negative impact on health care for the majority of Americans," Fox said in a statement. "In a country where so many people struggle to access quality health care, HHS is creating another barrier. These regulations would be particularly harmful for LGBT Americans, many of whom already struggle to find and afford respectful, good-quality medical care."

In August, HHS secretary Mike Leavitt unveiled the proposed regulation, saying in a statement that the new rule would allow health care professionals to "practice according to their conscience." He continued, "Doctors and other health care providers should not be forced to choose between good professional standing and violating their conscience. Freedom of expression and action should not be surrendered upon the issuance of a health care degree."

Other critics of the measure include 13 state attorney generals, who argue it will limit access to abortion and birth control for victims of sexual assault. (The Advocate)

Reader Comments

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  • Name: Jim Cameron
    Date posted: 2008-09-29 8:27 AM
    Hometown: St. Petersburg, FL

    Comment:

    In order to save all of us from the embarrassment/humiliation of having to deal with these religious bigots, I strongly recommend that all Health Care Providers that will not provide birth control to everyone, or health care to gay people, be forced to wear a scarlet letter (or cross) so that we know where they stand immediately and we can discriminate against them FOR their religious beliefs by immediately asking for another provider. This will stop all the problems. If the entire office is bigotted, then put a big ole' cross on the outside off the office so that we won't even think of going in there for any kind of care! Same goes for pharmacies/drug stores!


  • Name: Gary L. Beck
    Date posted: 2008-09-29 6:27 AM
    Hometown: Omaha, NE

    Comment:

    The saddest part about this is that it is already something we discuss with our medical students. There are more and more that believe they should not have to do something against their personal beliefs or that they have the right to use their position as a healthcare provider to preach their beliefs to their students. We spend a good deal of time addressing the ethics of this as well as options so that they do no harm as a physician. For example, if you believe that birth control is wrong, refer the patient to a colleague who has no such qualms. It's sad that this country has become such a theocracy over the past 8 years under the reign of that moron.


  • Name: Tony Myers
    Date posted: 2008-09-28 4:37 PM
    Hometown: NYC

    Comment:

    That this subject is even up for debate is laughable. What intelligent people wouldn't see the futility of ideological and religious differences. The only thing that matters is being well and there for our respective families?. Who cares if my doctor is a ultra conservative whatever, as long as he does his job well and compassionately. A black doctor cannot refuse to treat the grand wizard of the KKK; Republicans cannot choose not to treat a Democrat; Parents cannot refuse to treat a convicted pedophile, nor the religious to treat an aetheist. If providing care is deemed too difficult for our care-givers, then they need to move on to some other career path. This is not an individual personal choice that anyone can make. It is all too frightening even in its absurdity. The rest of the civilized world must be looking at us with awe; the kind of awe that other atrocities must inspire.


  • Name: Opinionator
    Date posted: 2008-09-27 3:09 PM
    Hometown: Davenport, FL

    Comment:

    I think this new PCR ruling will require me to begin an interview process with all persons who provide me any health care service to be sure they have political and religious views with which I agree, and to be sure they will not do me and my family any harm. If we mutually have disagreements on these philosophical views, they may want to deny me services, or I may want to keep them from performing services. I do not want them to express their differing ideas on my body. This will foster an environment of distrust between patient-family and providers-physicians. Nonetheless, I need to keep my body integrity intact, and I expect they will want to keep my ideological views out of their head. This sure seems like a really bad situation for everyone, especially in an emergency situation. If I am denied services in an emergency, I expect I will sue and will WIN. Their religious/political views do NOT trump my right to life and safety.


  • Name: Mark
    Date posted: 2008-09-27 2:48 PM
    Hometown: Tampa

    Comment:

    Expect a lot more of this stuff in the waning days of Bush's reign of terror. He's going to do as much earth-scorching and bridge-burning as possible before he leaves. The next president will have to spend the first year or two just un-doing all this kind of damage. Meanwhile, the religious right will just be swooning and ready to deify Bush as he exits office.


  • Name: Roger Burr
    Date posted: 2008-09-27 12:03 PM
    Hometown: Marble Hill, MO

    Comment:

    Another attempt by the 'christian' right to marginalize us. I would like to see a gay doctor refuse to treat a bigot, saying HIS religious beliefs are offended by homophobia! With 20% of the medical profession estimated to be LGBT; this sword can cut BOTH ways .


  • Name: Chris
    Date posted: 2008-09-27 11:03 AM
    Hometown: Worcester, Ma

    Comment:

    As an EMT myself, this clearly goes against the Hippocrattic Oath of "doing no harm". If your consciense prevents you from treating a certian type of people, then you shouldn't be in PUBLIC health. I think Mike Leavit should retake Civics 101 and re-read the chapter on Seperation of Church and State. While there, he should take the other Chris' advice and look up the word "doctor" too.


  • Name: Chris Sullivan
    Date posted: 2008-09-26 2:50 PM
    Hometown: Chicago, IL

    Comment:

    "Doctors and other healthcare providers should not be forced to choose between good professional standing and violating their conscience. Freedom of expression and action should not be surrendered upon the issuance of a health care degree." Doing their profession, when that profession by its very nature, involves all kinds of people with all kinds of belief systems - very much DOES mean that you will need to keep your personal views from proventing you from doing your job CORRECTLY. IF you don't like it and your "personal religious views" are so rigid - become a theolgian - not a Doctor. This is more conservative b.s.


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