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Lawsuits Filed Over Rule That Lets Health Workers Deny Care

by: Rob Stein  |  The Washington Post

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Connecticut Attorney General Richard Blumenthal filed a lawsuit in US District Court in Connecticut challenging a recent Bush administration regulation that allows health care workers to refuse to provide care that they find objectionable. (Photo: Orbitcast)

    Regulation to protect "conscience rights" called too broad.

    Seven states and two family-planning groups yesterday asked a federal court to block a controversial new federal regulation that protects health workers who refuse to provide care that they find objectionable.

    In three lawsuits filed in U.S. District Court in Connecticut, the states and groups sought an immediate court order preventing the regulation from going into effect Tuesday and a permanent decision voiding the rule.

    "On the way out, the Bush administration has left a ticking political time bomb that is set to explode literally on the day of the president's inaugural and blow apart women's rights," said Connecticut Attorney General Richard Blumenthal, who filed one of the suits on behalf of his state, California, Illinois, Massachusetts, New Jersey, Oregon and Rhode Island. "This midnight rule is a nightmare for hospitals and clinics, as well as women."

    Blumenthal's lawsuit challenges the regulation on several grounds, charging that it is too vague and overbroad and conflicts with other federal laws and state laws. The Planned Parenthood Federation of America filed a second suit on behalf of its affiliates, while the American Civil Liberties Union filed sued on behalf of the National Family Planning & Reproductive Health Association, which represents many state and county health departments, among other providers.

    "We filed this lawsuit today on behalf of the millions of women whose health care has been put in jeopardy by the Bush administration's parting shot at women's health," said Planned Parenthood President Cecile Richards. "The courts must strike down this unconscionable, unconstitutional last-minute midnight rule."

    Rebecca Ayer, a spokeswoman for the Department of Health and Human Services, which issued the regulation in December, said officials "have not had an opportunity to review the lawsuits, and we will respond to the court on any pending litigation. The department followed appropriate procedures to put the regulation in place, and the regulation is fully supported by law."

    The regulation empowers federal officials to cut off federal funding for any state or local government, hospital, health plan, clinic or other entity that does not abide by existing federal laws requiring them to accommodate doctors, nurses, pharmacists and other employees who refuse to participate in any care they consider objectionable on ethical, moral or religious grounds.

    Conservative groups, abortion opponents and others sought the rule to safeguard workers who refuse to provide such care from being fired, disciplined or penalized in other ways, and they defended the regulation yesterday.

    "The regulation is important, because we increasingly are seeing discrimination against health-care personnel who hold religious beliefs having to do with abortion and contraception," said David Stevens, chief executive of the Christian Medical & Dental Associations. "Unless these conscience rights are protected, people are going to be driven out of health care."

    Women's health advocates, family-planning proponents, abortion rights activists and others say it will create a major obstacle to providing many health services, including abortion, emergency contraception for rape victims, family planning, infertility treatment and end-of-life care, as well as possibly a range of scientific research.

    President-elect Barack Obama has voiced objections to the regulation and could repeal it, and legislation has been introduced in Congress to block the rule, but both of those steps could take months to complete

    "We are seeking a court order as quickly as possible," Blumenthal said. "We need this immediate order to prevent confusion and chaos."

  

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Comments

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That's an interesting

That's an interesting concept. If I disagree with a law, I can refuse to follow it? Great! I disagree with the wars in Iraq and Afghanistan, so I'm not going to pay taxes to fund them. Let's see, I think it's wrong to limit the speed on expressways to 70 mph, so I'm just going to drive 90 mph and tell the nice police officer to go to hell, my "conscience rights" allows me to ignore the speed limit. What else do I find "objectionable"? Oh, all the laws against pot. And no smoking sections. And driving on the right side of the road. Boy, this is a great law!

This regulation could be

This regulation could be beneficial if these 'prisoners of conscience' would wear identification badges indicating their professional limitations so that we, as consumers of medical services, could take that into consideration before selecting our health providers.

The law is BS. A physicians

The law is BS. A physicians order is a order. As a health care professional, I do what is ask of me to provide patient care. Period. had the opportunity to work in a health care unit for the Illinois DOC. There were KKK, Aryan Nation... you name it. There were prisoners that would never see a black doctor. Do I have the right to not provide care to these people because I don't like their politics? No. And you haven't lived until you have to examine someone with spiderwebs, teardrops and white pride tattoo across their backs. Its not my choice and the adult world is a very curious place. Grow up.

Persons who do not want to

Persons who do not want to do responsible health care should change career --- do something in the field of religion, perhaps.

"identification badges

"identification badges indicating their professional limitations"? Are you an idiot? Getting medical care, sometimes critically time-sensitive medical care, is not like shopping for a TV where you have time to look around and weigh options.

This law is clearly biased

This law is clearly biased in favor of anti abortion talibans. What if a surgeon is a Jeovah witness and refuses a blood transfusion to a patient? Would s/he get away with it, based on this law? I don't think so!

There WAS a time when

There WAS a time when "Health workers" were expected to be scientists, not religious nuts! I think patients are still free to accept or reject whatever treatment their doctors prescribe. However, that is a matter of the patient's OWN "right to choose" ("conscience" if you will) - to be denied prescribed treatment because your CAREGIVER doesn't approve is just plain WRONG!

Great comments! I agree with

Great comments! I agree with them all. 43 did so much damage in the past 8 years. Now we have the opportunity to be a part of the process, turn it around. Write President Obama, state Senators and Representatives. Yes We Can! Now is the time to get involved. Do! Act!

I can see where this is

I can see where this is going if it isn't nipped in the bud...... As an unmarried woman I I'm denied contraceptives because I shouldn't be having sex outside of marriage. Or perhaps like Jews during the Holocaust, we will all be forced to wear badges showing our religions and political affiliations so that the doctors in the ER can choose whether or not to treat us. In that world the members of the Religious Right and the NeoCons would get care while the rest are left groaning on pallets in the hall.