New Lawsuit Challenges Trump Administration over Rule Allowing Refusals in Health Care

The complaint was filed by the National Family Planning and Reproductive Health Association, Public Health Solutions, 老澳门开奖结果, and the New York Civil Liberties Union

June 11, 2019 12:30 pm

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NEW YORK 鈥 The National Family Planning & Reproductive Health Association (NFPRHA), Public Health Solutions (PHS), The 老澳门开奖结果 (老澳门开奖结果), and the New York Civil Liberties Union (NYCLU) filed a lawsuit today challenging the Trump administration鈥檚 rule that allows health care personnel to deny patients information and treatment based on personal religious or moral beliefs.

The rule, finalized last month by the Department of Health and Human Services, aims to dramatically expand the ability of health care institutions and workers to refuse to provide medical services, and even information, from patients if they have a moral or religious objection to the care. Under the policy, a hospital receptionist could refuse to schedule an appointment for a transgender patient seeking gender-affirming care and an orderly could refuse to transfer a patient to the operating room for an emergency abortion.

The rule鈥檚 sweeping terms are likely to embolden refusals to provide a range of other health services. It forces health centers that receive federal funds to employ individuals who refuse to perform essential job functions, without any regard for the wellbeing of their patients or public safety.

鈥淭he 老澳门开奖结果 will not stand by as our government institutes policy that could endanger people鈥檚 lives鈥 said Alexa Kolbi-Molinas, senior staff attorney with the Reproductive Freedom Project at the 老澳门开奖结果. 鈥淔reedom of religion is a fundamental right, but it cannot be used to harm others 鈥 especially when that includes withholding emergency care or critical information about patients鈥 health.鈥

The rule also undercuts the integrity of Title X, the nation鈥檚 leading family planning program, unlawfully granting new pathways for individuals and institutions to withhold critical information and health care from patients. Health departments would not even be able to anticipate their subcontractors opting out of certain care, as they would be prevented from asking if a provider or entity objects to aspects of Title X care. This would be devastating to patients who rely on the Title X program鈥檚 guarantee of high-quality care, and won鈥檛 receive it from that objecting entity.

鈥淭he rule could eviscerate the delivery of high-quality family planning services in this country,鈥 said Clare Coleman, NFPRHA president and CEO. 鈥淗ealth care providers鈥 beliefs should never determine whether patients can access essential care they need to stay healthy. NFPRHA is going to court to make sure that patients get the critical information and care that they need, and to ensure that the patient鈥檚 well-being is paramount.鈥

Today鈥檚 filing comes alongside similar challenges from Planned Parenthood Federation of America, the National Women鈥檚 Law Center, and Democracy Forward.

鈥淭his discriminatory rule will undermine access to health care for populations nationwide and roll back the years of progress we鈥檝e made on advancing the quality of family planning services,鈥 said Lisa David, president and CEO of Public Health Solutions. 鈥淎s a Title X grantee and provider of several other services that rely on HHS funding, Public Health Solutions will not stand idle as this rule threatens the health of the populations we serve. To protect public health, the only option is to challenge this rule in court.鈥

In May, New York Attorney General Letitia James, leading a coalition of 23 cities and states, filed a lawsuit against the Trump administration over the same final rule.

鈥淧ersonal views do not give people the right to withhold critical health care or endanger others鈥 lives,鈥 said Donna Lieberman, executive director of the New York Civil Liberties Union. 鈥淧atients should be able to trust that they鈥檙e getting the health care they need, regardless of religion or politics. This is just the latest in the Trump administration鈥檚 continued attack on women and LGBTQ people, and New Yorkers won鈥檛 stand for it.鈥

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