Attack on Women's Health: The Health Care Refusal Regulation

During the final days of the Bush Administration, a harmful regulation was passed by the Department of Health and Human Services (HHS) that undermines patients' access to vital health services and information. By greatly expanding existing laws intended to govern the right to refuse to provide abortion care, this HHS regulation poses a serious threat to women's health.

The regulation gives specific and detailed guidance to health care providers about a myriad of ways in which they can refuse to provide care to patients. Yet, it offers almost no guidance to ensure patients can get access to the care and information they need, and no guidance to health providers about how they can meet their patients' needs in the face of employees' refusals. In addition, this harmful rulereaches even further than birth control and abortion: it expands the scope and reach of existing law to limit information on and access to the entire range of health care services -- including treatment of infertility, depression, drug addiction, HIV/AIDS, and more.

The Obama Administration has taken the first steps to rescind the Department of Health and Human Services' "midnight regulation."

• NWLC's Comments to HHS Supporting Proposal to Rescind Rule by NWLC Co-President, Marcia Greenberger, and Vice President, Judy Waxman, April 9, 2009
• Press Statement: NWLC Supports Rescinding Harmful HHS Rule by NWLC Co-President, Marcia Greenberger, March 6, 2009
• Press Statement: NWLC Commends Administration Action on HHS Rule by NWLC Co-President, Marcia Greenberger, February, 27, 2009

Learn More About the Final Rule:

• When Health Care Providers Refuse: The impact on patients of providers' religious and moral objections to give medical care, information or referrals (April 2009)
• NWLC Analysis on Final HHS Rule
• Statement on Final HHS Rule: President-Elect Obama Must Repeal Harmful HHS Rule by NWLC Co-President, Marcia D. Greenberger (December 18, 2008)
• Read the Final HHS Rule
• Fact Sheet: The HHS Refusal Rule and HIV/AIDS
• Fact Sheet: The HHS Refusal Rule and Biomedical Research

The proposed rule followed an earlier leaked draft which defined many common forms of contraception as abortion. Despite the elimination of this controversial language, however, the proposed rule continued to allow health care providers, nurses, and others to refuse to provide birth control while making no mention of laws currently on the books that protect the religious beliefs of all employees, while allowing employers to protect the needs of their patients, and may preempt state laws designed to protect women's access to birth control.

Learn More About the Proposed Rule:

• Frequently Asked Questions
• HHS Rule Ignores Successes of Existing Federal Protection for Religion in the Workplace
• The HHS Rule on Providers' Right to Refuse to Provide Health Care: Reaching Even Further Than Family Planning and Abortion Services
• Press statement on Proposed HHS Rule by NWLC Co-President, Marcia D. Greenberger, August 22, 2008
• Download the HHS Proposed Rule

The comment period for the proposed HHS rule ended on September 25, 2008. NWLC and a broad range of organizations, Representatives, and community members submitted comments in opposition.

Opposition Comments to the Proposed HHS Rule:

• Comments to HHS by NWLC
• Comments to HHS by Other Key Organizations
• The Broad Range of  Individuals and Organizations Opposed to the Rule

Related Media Coverage on the Proposed Rule:

• Op-Ed: Blocking Care for Women, The New York Times, September 18, 2008
• Rules Let Workers Deny Abortions, The Wall Street Journal, August 22, 2008
• Protections Set for Antiabortion Health Workers, The Washington Post, August 22, 2008
• Bush administration unveils new abortion regulation, The Los Angeles Times, August 21, 2008, with remarks by Jill Morrison, Senior Counsel

Learn More About the Draft HHS Rule:

• Get the Facts on the Draft HHS Rule

Letters to Secretary Leavitt Criticizing the HHS Draft Rule:

• Coalition letter, by NWLC and 56 other organizations, July 22, 2008
• Senate coalition letter, July 23, 2008
• House of Representatives coalition letter, July 21, 2008
• Professional Medical Group Coalition Letter, July 20, 2008
• American College of Obstetrics and Gynecology (ACOG) Letter
• American Medical Association Letter, July 23, 2008