Associated Press
February 5, 2018
WASHINGTON (AP) — President Donald
Trump's new effort to protect the rights of health workers who object to
participating in abortions and other procedures will cost the health care
system more than $300 million to set up, according to a government estimate.
More than 40 complaints have been
filed since Trump's election, alleging violations of conscience and religious
rights. An estimated 18 million people work in the nation's health care system.
"This is looking for a
problem," said critic Susan Berke Fogel, a lawyer who directs reproductive
health work for the nonprofit National Health Law Program.
But enforcement of federal laws that
are supposed to protect religious and conscience rights has long been a
priority for social conservatives, a steadfast constituency for Trump
represented in the White House by Vice President Mike Pence.
"For too long, conscience and
religious freedom were treated as second-class rights," Roger Severino,
director of the Health and Human Services civil rights office, said in an
interview. "They're getting the proper focus they deserve."
A new division of Severino's office
will focus on cases where clinicians object to participating in abortion,
euthanasia and other procedures because it would violate their conscience or
religious beliefs.
Hospitals, nursing homes, state
health programs, pharmacies and other service providers would face costs of
$311 million in the first year to meet new requirements such as posting
employee notices, drafting policies and maintaining documentation, according to
a government estimate. Costs would average $125 million a year thereafter.
The government's own cost is
estimated at $900,000 a year.
Severino said the industry
requirements are "standard civil rights stuff" similar to other
anti-discrimination laws.
"We're trying to make the burden
as light as possible," said Severino, a lawyer who's worked for
conservative groups as well as the Justice Department's civil rights office.
But LGBT and women's groups fear the
administration will provide cover for clinicians to use religion as a pretext
for denying needed care to some patients.
Before Trump was elected, the number
of conscience and religion complaints filed with the office averaged about one
per year.
The Family Research Council, National
Right to Life and other social conservative groups have pushed hard for
government-wide enforcement of conscience protections.
Critics question whether it's
necessary.
"The reality is that health care
delivery facilities generally work these things out," said Fogel, the National
Health Law Program lawyer. "This is in many ways a dog whistle to
encourage people to complain as opposed to resolving any issues they might
have."
Operating room nurse Cathy DeCarlo
said things didn't get worked out at her New York City hospital after she
objected to participating in a late-term abortion in 2009. DeCarlo said her
employer was aware of her religious scruples but nonetheless she was forced to
take part.
She said it took several years for
the federal Health Department to investigate her complaint. It was ultimately
upheld, and her employer had to change its policies. But DeCarlo said the long
wait was harrowing. Co-workers who supported her were scared to come forward
because nothing seemed to be happening.
"If they can force me to do what
I don't believe in, they can force you to do what you don't believe in,"
DeCarlo said. "My rights were violated and I had no recourse. I am glad
the government is putting a spotlight on people's conscience rights so they
don't have to choose between their job and their conscience."
The health care industry is reacting
cautiously.
Representing Catholic hospitals and
nursing homes, the Catholic Health Association released a statement reaffirming
its opposition to abortion and euthanasia, while adding "there is no one
who is not welcome for the care that we do provide in our hospitals."
The statement urged restraint:
"This is a moment where the decency and integrity of the American people
should frame the discussion. One more polarized and politicized argument is not
going to serve the people of this nation well."
Health economist Michael Cannon of
the libertarian Cato Institute says the government has a reasonable interest in
protecting the rights of conscience objectors. But that can't result in denying
some patients access to medical care at facilities that receive taxpayer
dollars.
"You can't have someone claiming
that their religion tells them that they should discriminate," said
Cannon.
At the Health Department, Severino
says his agency will address all complaints. "If somebody identifies as
LGBT that doesn't mean that they are somehow put in a box where their
complaints are excluded."
He added: "The founders of our
nation knew that a nation that respects conscience rights is more diverse and
more free, and the HHS Office for Civil Rights is helping make that vision a
reality for all Americans."
https://insurancenewsnet.com/oarticle/300m-health-care-system-cost-to-protect-religious-rights
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