Source: United States Senator for Arkansas – John Boozman
WASHINGTON—In response to the Biden administration’s proposed rule that would insufficiently enforce conscience protections for medical professionals, U.S. Senators John Boozman (R-AR) and James Lankford (R-OK) led their colleagues in filing a public comment letter demanding greater implementation and enforcement of all of the statutory conscience protections enacted by Congress, as reflected in the previous rule issued under the Trump administration.
Boozman and Lankford were joined by Senators Cindy Hyde-Smith (R-MS), Roger Marshall, M.D. (R-KS), Thom Tillis (R-NC), Kevin Cramer (R-ND), Marsha Blackburn (R-TN), Marco Rubio (R-FL), Jim Risch (R-ID), Ted Cruz (R-TX), John Kennedy (R-LA), John Thune (R-SD), Josh Hawley (R-MO), Mike Braun (R-IN), Steve Daines (R-MT), Deb Fischer (R-NE), Mike Crapo (R-ID), and Joni Ernst (R-IA) along with Representatives Andy Harris, M.D. (R-MD), Jim Banks (R-IN), Christopher H. Smith (R-NJ), Brad Wenstrup, D.P.M. (R-OH), Diana Harshbarger (R-TN), Paul Gosar D.D.S. (R-AZ), Mariannette Miller-Meeks, M.D. (R-IA) and Robert Aderholt (R-AL).
The Biden Administration’s Rule Falls Short of Upholding Existing Laws
“Congress has enacted federal conscience statutes that govern HHS-funded programs to ‘protect the rights of individuals, entities, and health care entities to refuse to perform, assist in the performance of, or undergo certain health care services or research activities to which they may object for religious, moral, ethical, or other reasons.’ The proposed rule falls short of properly enforcing these laws as written and consistent with Congressional intent,” the members wrote.
The Proposed Rule Puts Discretion in the Hands of HHS Officials
“Rather than minimizing ‘the potential for harm resulting from any ambiguity and confusion,’ by eliminating this context, HHS is making it harder for covered entities to have a full understanding of the implications of the law and how they will be applied and enforced. This puts undefined discretion in the hands of HHS officials, who have a history of ignoring conscience protection enforcement,” the members wrote.
HHS is Promoting Abortion Over Following the Law
“The Proposed Rule claims that ‘our health care systems must effectively deliver services – including safe, legal abortions – to all who need them in order to protect patients’ health and dignity.’ Leaving aside that the current Administration has focused immense attention on promoting and paying for abortion, including at times, in violation of federal and state law, such a claim will only lead to further diminution of conscience rights provided by Congress. It is unfortunate, but not surprising, that in the wake of the decision in Dobbs v. Jackson Women’s Health Organization, HHS has still prioritized abortion access over nearly anything else, including following and enforcing the law,” the members wrote.
HHS is Making Discrimination Easier
“Instead of supporting proposed legislation like the Conscience Protection Act to allow victims of discrimination to also have their day in court, HHS is blocking possible legal remedy for victims of discrimination by dropping enforcement actions and clear mechanisms for investigation and enforcement, and making it harder for any further discrimination claims to be filed, investigated, and remedied,” the members wrote.
Read the full letter here