Particularly, the notice of proposed rulemaking (NPRM) from HHS restores the 2011 framework for moral and religious protections in healthcare. It rescinds a May 2019 rule that further bolstered moral and religious protections for healthcare workers, virtually making it easier for healthcare providers to claim a moral objection when administering healthcare to certain patients.
“No one should be discriminated against because of their religious or moral beliefs, especially when they are seeking or providing care,” HHS Secretary Xavier Becerra said in a statement about the 2022 NPRM. “The proposed rule strengthens protections for people with religious or moral objections while also ensuring access to care for all in keeping with the law.”
HHS said the 2019 final rule loosened definitions for moral and religious protections, created new compliance rules, and retooled the enforcement mechanisms for some religious protections for healthcare workers. The 2019 final rule made it easier for healthcare workers to claim religious protections while treating patients, such as refusing to treat an LGBTQ+ patient.
This 2022 NPRM “partially rescinds” those rules, HHS wrote, and leaves in effect the 2011 framework for religious and moral protections.
But the entire 2019 rule is not going away, the agency said in the NPRM.
“The Department also proposes to retain, with some modifications, certain provisions of the 2019 Final Rule regarding federal conscience protections but eliminate others...
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