HHS Protection of Conscience Regulation (2008-2011)
U.S. Department of Health and Human Services
Ensuring That Department of Health and Human Services Funds Do Not
Support Coercive or Discriminatory Policies or Practices in Violation of
Federal Law
Michigan Senate Resolution No. 43.
29 April, 2009
Note:
This resolution supports a regulation issued in December, 2008 by the Bush Administration that was eviscerated by the Obama Administration and re-issued in February, 2011 under the same name (See current regulation).
Senator George offered the following resolution:
A resolution to express opposition to the Obama Administration's
plan to repeal recently-adopted federal conscience clause regulations.
Whereas, On December 18, 2008, the Bush Administration
finalized regulations to implement existing federal laws protecting health
care providers who object to performing procedures that violate their
religious beliefs or moral convictions. The Church amendments, Public Health
Service Act, Section 245, and the Weldon amendment provide the statutory
foundations that prohibit federal funds from being used to perpetuate
discrimination against health care providers; and
Whereas, The recent move by the Obama Administration to
rescind the conscience clause regulations jeopardizes the right of a health
care professional to follow his or her personal or religious convictions.
This regulation was carefully designed to safeguard against forced
violations of conscience in federally-funded health care programs; and
Whereas, The Bush Administration's decision brought a
long-awaited resolution to the dilemma of countless medical professionals by
approving the implementation of this right of conscience rule. The final
rule's certification requirement would ensure that recipients of federal
Department of Health and Human Services funding are aware of the
nondiscrimination requirements contained in federal law and that they are
committed to complying with these laws. The rescission proposal's suggestion
of an "outreach and education" effort is a poor substitute for this
effective and targeted compliance mechanism of certification; and
Whereas, If conscientiously-opposed individuals and
institutions were forced to make a choice between performing abortions and
facing punishment, they will still not perform abortions but, instead, face
the punishment--whether this means loss of a job, loss of participation in a
government program, or even civil or criminal penalties. This results in the
provider being punished for heeding the voice of conscience; and
Whereas, The provider conscience regulation enhances
clarity and reduces ambiguity and confusion. It faithfully implements the
terms of the statute, and the Obama Administration, therefore, should retain
it; now, therefore, be it
Resolved by the Senate, That we express opposition to
the federal rule change to eliminate a health care professional's right to
refrain from performing morally-objectionable procedures; and be it further
Resolved, That copies of this resolution be transmitted
to the Office of the President of the United States, the President of the
United States Senate, the Speaker of the United States House of
Representatives, and the members of the Michigan congressional delegation.
[Original
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