A bill to provide for regulations on protecting statutory conscience rights in health care.
1/14/2025, 7:02 PMSummary of Bill S 47
Bill 119 s 47, also known as the "Protecting Statutory Conscience Rights in Health Care" bill, aims to establish regulations that protect the rights of healthcare providers to act in accordance with their conscience beliefs. The bill seeks to ensure that healthcare providers are not forced to participate in procedures or provide services that go against their moral or religious beliefs.The bill outlines specific protections for healthcare providers, including the right to refuse to participate in abortions, sterilizations, or other procedures that conflict with their conscience beliefs. It also prohibits discrimination against healthcare providers who choose to exercise their conscience rights.
Additionally, the bill includes provisions for reporting and enforcement mechanisms to ensure that healthcare providers are able to exercise their conscience rights without fear of retaliation or discrimination. The bill aims to strike a balance between protecting the rights of healthcare providers and ensuring that patients have access to the care they need. Overall, Bill 119 s 47 seeks to establish clear regulations that protect the conscience rights of healthcare providers while also ensuring that patients receive the care they need. The bill has garnered support from those who believe in protecting religious freedom and conscience rights in healthcare.
Congressional Summary of S 47
Defense of Conscience in Health Care Act
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 Protecting Statutory Conscience Rights in Health Care; Delegations of Authority, which was scheduled to take effect on July 22, 2019, but was vacated by courts.
Federal law 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 to take actions that they find religiously or morally objectionable (e.g., providing referrals for abortions).
In 2019, HHS issued a final rule revising the applicable regulations, including imposing certification and cooperation requirements, as well as establishing additional enforcement provisions and penalties. However, this rule was later vacated by federal courts and never took effect. In 2024, HHS issued another final rule that generally applied 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).
The bill requires HHS to reinstate the 2019 rule in its entirety.
