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New Rule for Health Providers Stirs Objections
WASHINGTON - The Bush administration, in its final days, issued a federal rule Thursday reinforcing protections for doctors and other health care workers who refuse to participate in abortions and other procedures because of religious or moral objections.
Critics say the protections are so broad they limit a patient's right to get care and accurate information. For example, they fear the rule could make it possible for a pharmacy clerk to refuse to sell birth control pills without ramifications from an employer.
Under long-standing federal law, institutions may not discriminate against individuals who refuse to perform abortions or provide a referral for one. The administration's rule is intended to ensure that federal funds don't flow to providers who violate those laws, Health and Human Services officials said.
"Doctors and other health care providers should not be forced to choose between good professional standing and violating their conscience," said HHS Secretary Mike Leavitt.
The rule requires recipients of federal funding to certify their compliance with laws protecting conscience rights.
Despite multiple laws on the books protecting health providers, the administration argued that the rule was needed "to raise awareness of federal conscience protections and provide for their enforcement."
But many groups described the rule as a last-minute push designed to make it harder for women to get services such as contraception or counseling in the event they are pregnant and want to learn all of their options.
Several medical associations, more than 100 members of Congress, governors and 13 attorneys general were among the many thousands who wrote the department to protest the rule after it was proposed. Opponents didn't like the rule any better after it was finalized.
"In just a matter of months, the Bush administration has undone three decades of federal protections for both medical professionals and their patients," said Nancy Northup, president of the Center for Reproductive Rights. "It replaced them with a policy that seriously risks the health of millions of women, then tried to pass it off as benevolent."
Abortion opponents hailed the regulation because they said the lack of regulation had resulted in confusion and a lack of awareness.
"This is a huge victory for religious freedom and the First Amendment," said Tony Perkins, president of the Family Research Council.
The administration estimated the cost of complying with the rule at $43.6 million annually, which is spread throughout the hundreds of thousands of health providers subject to the rule - from hospitals and physician offices to medical schools and pharmacies.
Several lawmakers have promised to take up legislation that would overturn the rule once Congress reconvenes in January. Another option is for the Obama administration to issue new regulations that would trump it. The rule will take effect on Jan. 18, two days before Obama takes office.
Obama's transition team did not specifically address the rule Thursday, but spokesman Nick Shapiro issued a statement that said Obama "will review all eleventh-hour regulations and will address them once he is president."
While campaigning in August, Obama criticized the proposal: "This proposed regulation complicates, rather than clarifies the law. It raises troubling issues about access to basic health care for women, particularly access to contraceptives," he said.
The 127-page rule disputed concerns that the protections being proposed were too broad and would affect too many workers in the health care industry, not just doctors or nurses involved with an abortion or sterilization.
"These laws are intended to protect the conscience rights of all individuals participating in health care services, and research programs and activities receiving certain federal funds, or that are administered by the department," the rule said.
Opponents consistently described the rule as a last-minute effort that would reduce access to health care services, particularly access to birth control.
"Making birth control more - not less - accessible is the best way to prevent unintended pregnancies and reduce abortion," said Rep. Nita Lowey, D-N.Y.
Others said the rule would go so far as to protect providers who refuse to give rape victims emergency contraceptives.
The Planned Parenthood Federation of America said about 200,000 people submitted comments opposing the rule, including about 90,000 comments from its supporters.
"This midnight regulation, issued in the last days of the Bush administration, undermines this country's fragile health care system as well as patients' access to health care information and services," said the group's president, Cecile Richards.
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7 Comments so far
Show AllSioux Rose
ORWELL? Are you listening? The psychopath who ushered in a war of choice based on fabricated evidence, who advocated FOR torture while eviscerating precious civil liberties, who filled every significant U.S. department with cronies who would undo the mandates of those departments is giving the nation of gift of CONSCIENCE? I mean is this Saturday Night Live or serious domestic policy?
Our faith-based have really crossed the line in believing, Outer Limits style, that they can control reality down to its verticle and horizontal philosophical intersects. Maybe it's a good thing that no money will be left to continue building the fence around the nation's perimeter, a good many of us may wish to get out while the getting out is still possible.
Obama, man of hope, sells the same dope(s) in the form of putting back into key positions, many of the same ones who orchestrated (or otherwise enabled) the various and sundry policies that are driving our nation to moral and fiscal bankrupcy, as the waters (global warming) begin to rise more steadily. The Great Flood has been proven to be a powerful cleansing mechanism used by nature and/or the Gods for eons. Stock up on life preservers, my friends...
It would indeed be funny, were it not so sad. You're bang on with the reference to the Outer Limits theory of controled behaviour.
We have a lame duck, fascist dictator, on his way out, hated by the entire world.
He is being allowed to make rules that will allow his wealthy friends to steal whatever they can pry up with a crowbar (they've already stolen anything not nailed down) and to deliberately make rules and laws, detrimental to the nation, the world and the environment.
The incoming group wrings their hands and says how difficult it will be to overturn these things and we may just have to get used to living with them.
IF we had a truly Constitutional form of government, the first thing that would be done is subject every act of CheneyBushCo to a Constitutional test, and throw out every one that failed.
Unfortunately you'll find, as I have, that in eight years of writing to my alleged representatives, Senate or Congress, that questions regarding the Constitution or Bill of Rights are ignored. No answer, no explanation, just ignored.
It seems sad, but true, that our "leaders" are quite happy to inherit the lawless CheneyBush government as their own, to use as they see fit. They don't want any Constitution and Bill of Rights to get in their way, so remember that wonderful document. Hide a copy away in your home, to reread occasionally and to teach to your children, for it is no longer taught in the schools.
Perhaps some day, we will get our nation back, but don't count on it being soon. If we keep the dream alive, perhaps our children will see it.
Bush: "Wait till they're born, then kill 'em".
Either Obama and the Democrats in Congress will undo these gag rules or they'll kiss Rick Warren's rear end and risk losing female support. Which will it be?
like bush's innumerable signing statements, where does the president get the authority to do this kind of crap? i know, silly to question the Fuehrerprinzip, i mean unitary executive.
i won't hold my breath waiting for congress to enforce the separation of powers.
Ya know - 100+ years of Public education and...Presto - we, as a population are dummer than we ever were.
Now, what paet of the Constitution don't you understand?!? "Congress shall make no law...bla bla bla.
Hey, you - if you take Federal Money - like...Duh, Medicare, you follow the Law.
can't have it both ways. You want to be Catholic, Mormon, Baptist, fine with me.
Do what you will. But, don't you even think of passing off your Creed on Me !
WTF - how can people be so dumb. This issue is a constitutional no-brainer.
These right-wing nuts are in violation of the law. Try and sentence them to long prison time. That will go far to stop this insanity.
nuff said.