HHS rule would encourage discrimination, Democrats charge

Senate Democrats say a proposed rule from the Trump administration could expand healthcare providers’ reasons for refusing care to patients based on their personal beliefs, a move they believe could increase discrimination.

The 18 Democrats sent a letter Tuesday to Health and Human Services Secretary Alex Azar opposing the rule. The proposed regulation was released in January and seeks to expand the ability for healthcare providers to not perform procedures that go against their religious beliefs, such as abortion.

The rule would “expand the ways in which religious and moral objections can dictate access to care for patients, exacerbating health disparities and existing barriers to care and services for vulnerable populations,” reads the letter led by Sen. Patty Murray of Washington, the top Democrat on the Senate Health, Education, Labor and Pensions Committee.

Democrats say they are concerned that the rule could expand the scope of laws that let a healthcare provider refuse to provide care to LGBTQ and minority patients.

It said the proposed rule expands the “universe of entities” who can claim a religious or moral exemption. The proposed rule adds “a plan sponsor, issuer or third party administrator” to the definition of “healthcare entity” that can claim an exemption.

“In short, the new definitions for a number of terms in the proposed rule exceed the department’s authority and will undoubtedly compromise the health of patients, burden providers, and deny patients the protections Congress provided them,” the letter said.

HHS introduced the rule as part of a larger effort by the Trump administration to ensure religious liberty. The Office of Civil Rights created a new division called the Division of Conscience and Religious Freedom with the hope of ensuring that health providers aren’t coerced to perform procedures such as abortions or assisted suicide that conflict with their beliefs.

But critics have said that the moves would lead to discrimination against LGBTQ individuals.

Democrats say the breadth of the proposed rule could have broad implications.

“For example, an oncologist working in a federally funded prostate cancer treatment program could withhold information from a patient about the option of extracting and freezing sperm before cancer treatment,” the letter concludes. “The proposed rule dangerously stands in the way of the information patients need to make healthcare decisions for themselves and their families.”

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