Recent news reports that the Obama Administration will very soon review and potentially rescind U.S. Department of Health and Human Services (HHS) conscience protections for the nation’s healthcare providers dramatically underscores the need for states to take action on this important issue.
Legal protections of healthcare rights of conscience affirm the need to provide quality care to patients, but also acknowledge that certain demands of patients, usually for procedures that are life-destructive and not life-saving, must not be blindly accommodated to the detriment of the rights of healthcare providers. Moreover, protecting the freedom of conscience of healthcare professionals and institutions is necessary to avoid added stress on an already overtaxed healthcare system.
Thus far in 2009, there have been 23 pieces of legislation related to healthcare rights of conscience (ROC) introduced in state legislatures. Signficantly, this represents a 67% decrease from 2008 activity levels when approximately 70 related measures were considered. However, approximately 60% of this year’s conscience-related measures are “protective,” whereas, in 2008, 60% of introduced measures sought to violate conscience and compel providers to violate their deeply-held beliefs or risk their careers and livelihoods.
Notably, AUL has been involved — through direct consultation and/or the use of our model legislation, The Healthcare Freedom of Conscience Act– in 50% (or 7 of 14) of the this year’s protective measures.
Thus far in 2008:
Alabama, Hawaii, Montana, Rhode Island, Tennessee, and Washington have introduced 8 measures providing comprehensive ROC protection for all healthcare providers, institutions, and payers (i.e. insurance companies and HMOs), while Missouri, Montana, and West Virginia have introduced 5 measures to specifically protect pharmacies and pharmacists. New York has introduced a measure to protect those providing end of life care and who decline to provide contraceptives.
Conversely, California, Florida, Indiana, Missouri, and Oklahoma have introduced 9 measures that would violate the conscience rights of pharmacists and pharmacy owners by forcing them to stock and dispense conflict-ridden drugs such as so-called “emergency contraception” or Plan B.
