Lexology February 29, 2024
Holland & Knight LLP

On Jan. 11, 2024, the U.S. Department of Health and Human Services (HHS) Office of Civil Rights (OCR) published its 2024 Final Rule governing healthcare conscience protections, “Safeguarding the Rights of Conscience as Protected by Federal Statutes.” The Final Rule dictates the protections and enforcement procedures surrounding the rights of healthcare providers and entities to be free from discrimination associated with their decisions to participate or refrain from participating in procedures based on their conscience. The 2024 Final Rule takes effect March 11, 2024.

Background

The conscience protections are statutorily authorized under the “Church Amendments” and the “Coats-Snowe Amendment,” which provide different, but related, protections. The Church Amendments prohibit public officials and authorities from imposing certain requirements that run contrary...

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