Conscience Regulations: HHS Stops (Just) Short of Rescission

Chuck Donovan / February 18, 2011

The U.S. Department of Health and Human Services (HHS) issued its long-awaited decision today on rescinding conscience regulations to protect health care providers from having to engage in medical procedures to which they object on religious or moral grounds.

Because a real concern existed that the Obama Administration might repeal these 2008 regulations outright, the partial rescission could be construed as a partial victory for conscience protection advocates. But the accent is on the word partial—because the rescission strictly limits the scope of the regulations and contains plenty of room for mischief.

The affected regulations were first issued in December 2008. They were designed to enforce a series of laws Congress has adopted over the years to protect the conscience rights of a wide range of health care institutions and personnel, including medical school applicants. The various laws focus on abortion and sterilization—but not exclusively, as the scope of controversial medical practices is not limited to these two subjects. (more…)