Lexology February 1, 2024
Hall Render Killian Heath & Lyman PC

On January 11, 2024, the U.S. Department of Health and Human Services (“HHS”) Office for Civil Rights (“OCR”) issued a Final Rule entitled “Safeguarding the Rights of Conscience as Protected by Federal Statutes” (the “2024 Final Rule”). The 2024 Final Rule, which will take effect on March 11, 2024, seeks to clarify the mechanisms by which OCR may enforce federal statutes related to the conscience rights of certain federally funded health care entities and providers (the “Federal Conscience Statutes”).

Background

The Federal Conscience Statutes prohibit discrimination of individuals who refuse to participate in health care services they find religiously or morally objectionable, such as the provision of abortion or the performance of certain advance directives. Regulations implementing the Federal Conscience...

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