Lexology February 8, 2024
McDermott Will & Emery

Several federal laws protect the “rights of conscience” of federally funded healthcare entities and healthcare providers and prohibit recipients of federal funds from requiring individuals to participate in actions that they find objectionable on religious or moral grounds. On January 11, 2024, the US Department of Health and Human Services (HHS) published its new final rule governing federal healthcare conscience protection statutes, titled Safeguarding the Rights of Conscience as Protected by Federal Statutes (2024 final rule), codified at 45 CFR §§ 88.1 – 88.4. While making efforts to balance patients’ rights to access healthcare on the one hand with the religious beliefs and moral convictions of providers and benefits plan sponsors on the other hand, the 2024 final rule repeals...

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