Defense of Conscience in Health Care Act

Bill: 119-s-47
Sponsor: full_name: Sen. Hawley, Josh [R-MO]
Introduced: 2025-01-09
Policy area: Health
Subjects: Abortion

Administrative law and regulatory procedures

Department of Health and Human Services

Employment discrimination and employee rights

Health personnel

Health programs administration and funding

Higher education

Medicaid

Medical education

Medical ethics

Medical research

Medicare

Religion

Sex and reproductive health

State and local government operations
Latest action: action_date: 2025-01-09
text: Read twice and referred to the Committee on Health, Education, Labor, and Pensions.

Summaries:
action_date: 2025-01-09
action_desc: Introduced in Senate
text: <p><strong>Defense of Conscience in Health Care Act</strong></p><p>This bill requires the Department of Health and Human Services (HHS) to issue a final rule on protecting statutory conscience rights in health care that is identical or equivalent to the rule titled<em>&nbsp;</em><em>Protecting Statutory Conscience&nbsp;Rights in Health Care; Delegations of&nbsp;Authority</em>,  <em></em>which was scheduled to take effect on July 22, 2019, but was vacated by courts. </p><p>Federal law&nbsp;generally prohibits discrimination based on conscience or religious beliefs with respect to federally funded health care programs,  including prohibiting recipients of certain federal funding from requiring health care providers&nbsp;to  take&nbsp;actions that they find religiously or morally objectionable (e.g.,  providing&nbsp;referrals for abortions).&nbsp;</p><p>In 2019,&nbsp;HHS issued a final rule revising the&nbsp;applicable&nbsp;regulations, including imposing certification and cooperation requirements, as well as establishing additional enforcement provisions and penalties. However, this rule was later&nbsp;vacated by federal courts and never took effect. In 2024,&nbsp;HHS issued another final rule that generally  applied&nbsp;a pre-2019 enforcement framework while also maintaining certain aspects of the 2019 rule (e.g., specifically designating HHS' Office for Civil Rights as the entity with the authority to handle relevant complaints).</p><p>The bill requires HHS to reinstate&nbsp;the 2019 rule in its entirety. <br/></p>

tv_txt: II 119th CONGRESS 1st Session S. 47 IN THE SENATE OF THE UNITED STATES January 9, 2025 Mr. Hawley introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To provide for regulations on protecting statutory conscience rights in health care.

1. Short title This Act may be cited as the Defense of Conscience in Health Care Act . 2. Regulations on protecting statutory conscience rights in health care (a) In general Not later than 6 months after the date of enactment of this Act, the Secretary of Health and Human Services shall— (1) issue, under the Federal conscience and anti-discrimination laws, a final rule that is identical or materially equivalent to the former rule stated in part 88 of title 45, Code of Federal Regulations, as in effect on July 22, 2019 (84 Fed. Reg. 23170; relating to protecting statutory conscience rights in health care; delegations of authority); and (2) specify in the final rule that the rule supersedes any contrary rule in existence on the date of issuance. (b) Definition In this section, the term Federal conscience and anti-discrimination laws has the meaning given the term in the former rule specified in subsection (a)(1).