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Regulation Proposed to Help Protect Health Care Providers from Discrimination



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Aug 22, 2008 12:24 PM

Regulation Proposed to Help Protect Health Care Providers from Discrimination

by Anxious Patient Premium Member

"The US Department of Health and Human Services announces a new proposed rule aimed at protecting health care workers who object to abortion or birth control from having to perform their jobs."


http://www.hhs.gov/news/press/2008pr...20080821a.html

A new proposed regulation would increase awareness of, and compliance with, three separate laws protecting federally funded health care providers’ right of conscience. This proposed rule was placed on public display at the Federal Register today by the U.S. Department of Health and Human Services (HHS).“This proposed regulation is about the legal right of a health care professional to practice according to their conscience,” HHS Secretary Mike Leavitt said. “Doctors and other health care providers should not be forced to choose between good professional standing and violating their conscience. Freedom of expression and action should not be surrendered upon the issuance of a health care degree.”
Over the past three decades, Congress has enacted several statutes to safeguard these freedoms, also known as provider conscience rights, and the proposed regulation would increase awareness of and compliance with these laws. Specifically, the proposed rule would:
  • Clarify that non-discrimination protections apply to institutional health care providers as well as to individual employees working for recipients of certain funds from HHS;
  • Require recipients of certain HHS funds to certify their compliance with laws protecting provider conscience rights;
  • Designate the HHS Office for Civil Rights as the entity to receive complaints of discrimination addressed by the existing statutes and the proposed regulation; and
  • Charge HHS officials to work with any state or local government or entity that may be in violation of existing statutes and the proposed regulation to encourage voluntary steps to bring that government or entity into compliance with the law. If, despite the Department’s efforts, compliance is not achieved, HHS officials will consider all legal options, including termination of funding and the return of funds paid out in violation of the nondiscrimination provisions.


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68 Comments
No. 1
from Bortaz, RN
Old Aug 23, 2008, 04:57 AM

Default Regulation Proposed to Help Protect Health Care Providers from Discrimination
"The US Department of Health and Human Services announces a new proposed rule aimed at protecting health care workers who object to abortion or birth control from having to perform their jobs."


http://www.hhs.gov/news/press/2008pr...20080821a.html

A new proposed regulation would increase awareness of, and compliance with, three separate laws protecting federally funded health care providers’ right of conscience. This proposed rule was placed on public display at the Federal Register today by the U.S. Department of Health and Human Services (HHS).“This proposed regulation is about the legal right of a health care professional to practice according to their conscience,” HHS Secretary Mike Leavitt said. “Doctors and other health care providers should not be forced to choose between good professional standing and violating their conscience. Freedom of expression and action should not be surrendered upon the issuance of a health care degree.”
Over the past three decades, Congress has enacted several statutes to safeguard these freedoms, also known as provider conscience rights, and the proposed regulation would increase awareness of and compliance with these laws. Specifically, the proposed rule would:
  • Clarify that non-discrimination protections apply to institutional health care providers as well as to individual employees working for recipients of certain funds from HHS;
  • Require recipients of certain HHS funds to certify their compliance with laws protecting provider conscience rights;
  • Designate the HHS Office for Civil Rights as the entity to receive complaints of discrimination addressed by the existing statutes and the proposed regulation; and
  • Charge HHS officials to work with any state or local government or entity that may be in violation of existing statutes and the proposed regulation to encourage voluntary steps to bring that government or entity into compliance with the law. If, despite the Department’s efforts, compliance is not achieved, HHS officials will consider all legal options, including termination of funding and the return of funds paid out in violation of the nondiscrimination provisions.
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No. 2
Old Aug 23, 2008, 01:49 PM

Default Re: Regulation Proposed to Help Protect Health Care Providers from Discrimination
Heh.

If you don't want to perform an abortion, you don't accept a job where such a thing is required of you.

If you don't want to prescribe or dispense birth control, you don't go into a profession where you would be placed in such a position.

If you don't want to order or administer blood products, you don't go into a profession where such is the standard of practice.

If you don't want to wear pants to work, you don't accept jobs were pants are a requirement.

You don't whine "discrimination" without knowing what the word means.

I can't believe this is an issue for some people.
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No. 3
Old Aug 23, 2008, 02:03 PM
Updated Aug 23, 2008 at 02:14 PM by Anxious Patient

Default Re: Regulation Proposed to Help Protect Health Care Providers from Discrimination
This is an interesting article from the Washington Post on the subject:

Protections Set for Antiabortion Health Workers

http://www.washingtonpost.com/wp-dyn...T2008082103218

The Bush administration yesterday announced plans to implement a controversial regulation designed to protect doctors, nurses and other health-care workers who object to abortion from being forced to deliver services that violate their personal beliefs.

The rule empowers federal health officials to pull funding from more than 584,000 hospitals, clinics, health plans, doctors' offices and other entities if they do not accommodate employees who refuse to participate in care they find objectionable on personal, moral or religious grounds.

The regulation remains broad enough to protect pharmacists, doctors, nurses and others from providing birth control pills, Plan B emergency contraception and other forms of contraception, and explicitly allows workers to withhold information about such services and refuse to refer patients elsewhere.
From the comments section:

This law is a slippery slope.

From the article: "'For example, a nurse who assists in the performance of surgical procedures; an employee whose task it is to clean the instruments used in a particular procedure would be considered to assist in the performance of the abortion,' the regulation states." I take this to mean that the minimum-wage guy working in the hospital lab, who receives a tray holding a cut up fetus and is ordered to dump it in the trash and clean the tray, would be able to refuse the order and keep his job. Or the assistant who transports the patient to and from the OR. All could be interpretted as assisting in the abortion procedure, and could refuse with full protection from this law.

Try substituting a different scenario -- say Blood Transfusion or organ transplant - both are against several religious practices.
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No. 4
Old Aug 23, 2008, 02:36 PM

Default Re: Regulation Proposed to Help Protect Health Care Providers from Discrimination
This proposed regulation has me riled up enough I just wrote a longer blogpost about it here.

To sum up my thoughts: The patient’s right to have the best care possible can be severely hamstrung by “violations of personal conscience” on the part of the healthcare worker.
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No. 5
from CRNA2007
Old Aug 23, 2008, 02:48 PM

Default Re: Regulation Proposed to Help Protect Health Care Providers from Discrimination
If you don't want to be sexually harrassed then don't take a job where that might occur. If you don't want to be discriminated against then don't accept a job where that might happen. If you don't want to be sexually assaulted then don't where skimpy clothing. I can't believe these are issues for some people either.






Originally Posted by hypocaffeinemia View Post
Heh.

If you don't want to perform an abortion, you don't accept a job where such a thing is required of you.

If you don't want to prescribe or dispense birth control, you don't go into a profession where you would be placed in such a position.

If you don't want to order or administer blood products, you don't go into a profession where such is the standard of practice.

If you don't want to wear pants to work, you don't accept jobs were pants are a requirement.

You don't whine "discrimination" without knowing what the word means.

I can't believe this is an issue for some people.
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No. 6
Old Aug 23, 2008, 02:51 PM

Default Re: Regulation Proposed to Help Protect Health Care Providers from Discrimination
Originally Posted by CRNA2007 View Post
If you don't want to be sexually harrassed then don't take a job where that might occur. If you don't want to be discriminated against then don't accept a job where that might happen. If you don't want to be sexually assaulted then don't where skimpy clothing. I can't believe these are issues for some people either.
Wow. You totally missed the point on this.

Last I checked, "sexual discrimination" isn't a job requirement nor is it a standard of care.

I think there just might be a difference between the two things.


Edit: But, yeah, I can flow with your examples, too. I don't think anybody should take a job as a stripper if they can't handle sexual taunts coming their way.

I'd like to think we're intelligent people capable of making informed decisions with regards to our careers, rather than whining to the gub'ment every time one's naive illusions are shattered.
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No. 7
from feebebe23
Old Aug 23, 2008, 10:06 PM

Default Re: Regulation Proposed to Help Protect Health Care Providers from Discrimination
I just don't understand this. I am a labor and delivery nurse and I refuse to do abortions. (the only abortions my facility will perform is non compatable with life/quality of life babies) We don't do "convience" abortions. This has NEVER been an issue for me as my employer knows I won't be the primary nurse for these pateints. However, if this pt has a retained placenta and needs to go to the OR for a D&C I DO NOT believe I have the right not to help. If the nurse calls out and asks for someone to being something into the room i.e. a bag of fluid or meds.....or whatever. I would never NOT HELP....

Just my 2 cents
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No. 8
from Bortaz, RN
Old Aug 23, 2008, 10:30 PM

Default Re: Regulation Proposed to Help Protect Health Care Providers from Discrimination
So, since Catholics/Christians don't generally believe in abortions, some you you fellas don't think Catholics should be nurses...is that what I'm reading here?

Should no Seventh Day Adventists be nurses, since nurses might have to transfuse blood?

Oh, and now religious beliefs/moral beliefs are "naive illusions", are they? People who have these beliefs should accept them being "shattered", but don't you dare interfere with the woman who believes her fetus is just a soulless bundle of cells...amirite?
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No. 9
Old Aug 23, 2008, 10:44 PM

Default Re: Regulation Proposed to Help Protect Health Care Providers from Discrimination
Originally Posted by CRNA2007 View Post
If you don't want to be sexually harrassed then don't take a job where that might occur. If you don't want to be discriminated against then don't accept a job where that might happen. If you don't want to be sexually assaulted then don't where skimpy clothing. I can't believe these are issues for some people either.
CRNA2007, you may be the greatest poster ever!!!
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