Lexology April 10, 2024
The U.S. Department of Health and Human Services (HHS) issued a final rule that clarifies certain aspects of healthcare conscience laws, which sometimes allows healthcare providers to refuse medical treatment based on religious grounds.
However, the rule also provides some safeguards against discrimination for patients seeking treatment for conditions related to reproductive care, HIV prevention, and gender dysphoria. Critics of the 2024 final rule claim that the Biden administration is attempting to undermine the U.S. Supreme Court’s 2022 ruling overturning Roe v. Wade.
The rule, which HHS issued on January 11, 2024, becomes effective on March 11, 2024.
The Previous Healthcare Conscience Rule
The Trump administration issued a final rule clarifying healthcare conscience laws in 2019. That rule would have...