Monday, December 2, 2019

Christian Medical Association court cases: Good news and bad news



This month's blog provides updates on two Christian Medical Association (CMA) federal lawsuits. Following case updates is information and help for health professionals who have experienced discrimination on the basis of their faith and conscience.

Good News: Victory in transgender mandate case

Becket, one of the nation's premier religious freedom law firms, has represented the interests of CMA members in challenging a 2016 mandate issued by the Department of Health and Human Services under the authority of the Affordable Care Act (Obamacare). Becket provides a synopsis of how the case has developed:
CASE SNAPSHOT
A federal mandate issued in 2016 required doctors to perform gender transition procedures on any patient, including a child, even if the doctor believed the procedure would be harmful. That rule was struck down in court after it was challenged by nine states, several religious organizations, and an association of over 19,000 healthcare professionals [CMDA]. In May 2019, HHS proposed bringing its regulations into compliance with those decisions and ensuring that the personal decision to undergo gender transition procedures is kept between patients and their doctors, free from government interference.
STATUS
On May 24, 2019, HHS proposed a new rule that follows a court ruling, complies with accepted medical research and protects both the medical judgment of the doctor and the unique, individual needs of the patient.
Meanwhile, on October 15, 2019, a federal judge confirmed his earlier ruling that the government's 2016 HHS mandate is unlawful, ensuring that doctors can continue practicing in their field of medicine without being forced to perform procedures that violate their faith.

Left unchallenged by our lawsuit, this unlawful and ideologically driven mandate would have imperiled the careers of many health professionals, by denying the ability to follow medical judgment and conscience. This court victory now protects the religious freedom and medical judgment not only of CMA members but also of health professionals nationwide.

Bad News: First-round loss in conscience rule case

Becket also represents the interests of CMA members in a lawsuit to defend the recent HHS conscience protection rule for health professionals. Becket provides the following synopsis:
CASE SNAPSHOT
Dr. Regina Frost
Regina Frost is an OB-GYN and a member of the Christian Medical Association. Religious healthcare professionals like Dr. Frost care for all patients and are consistently on the frontlines serving the most vulnerable members of our society, including underserved poor and migrant communities; victims of gang violence, sex trafficking, opioid addiction, and deadly epidemics and prisoners living with HIV. In May 2019, HHS released a new Conscience Rule enforcing existing laws that allow religious healthcare professionals to continue their important work without having to perform certain procedures which would be inconsistent with their beliefs. But several states, including the state of New York, are now suing to block this rule and force Dr. Frost and others to either violate their conscience or end their practice. Becket is defending medical conscience rights for religious healthcare professionals nationwide so that they can continue their ministry providing compassionate care across the globe.

STATUS
On June 25, 2019 Becket moved to intervene on behalf of Dr. Frost and the Christian Medical & Dental Associations in federal court, arguing that no healthcare professional should be forced to choose between violating her conscience or providing compassionate medical care. On November 6, 2019, a federal court ruled against the Conscience Rule, threatening the ability of religious doctors like Dr. Frost to serve communities without being forced to perform procedures against their beliefs.
Religious freedom protects the rights of individuals to live out their faith in all facets of their lives—including in their professions. This lawsuit threatens the ability of religious healthcare professionals to provide quality, compassionate healthcare, forcing them to choose between their conscience and their practice. 

What can you do if you have experienced discrimination?

While we await the government's decision to appeal this case, health professionals should know that while this loss represents a significant weakening of protections, existing federal conscience protection law remains in effect and HHS continues to receive complaints.
Filing a complaint with HHS is simple and straightforward: You simply relate your story of what happened--who, what, when, where: www.freedom2care.org/regulations.
Our Freedom2Care website also provides you with links to religious freedom law firms that provide pro bono legal aid: www.freedom2care.org/legal-help.



Friday, October 11, 2019

Message at Supreme Court: Constitution protects both minority and majority viewpoints



Speakers included the mother (center, in red) of a girl
who transitioned against the mother's will through
the intervention of government authorities.
I recently spoke outside the Supreme Court in the face of raucous protests on the day of oral arguments in a case involving transgender individuals and alleged sex discrimination, R.G. & G.R. Harris Funeral Homes v. Equal Employment Opportunity Commission. Speeches had resumed outside the court after a bomb scare had prompted police to clear the area.
Speeches resumed after police cleared the area for a bomb scare.
Members of the LGBT community relentlessly hassled and harried speakers on our side of the argument by launching wailing sirens, shouting with bullhorns in the faces of speakers and chanting mantras like "homophobe" while we spoke (a special irony given that our speakers included a lesbian and a former transgender man). I imagine their side had some reasonable arguments to make, but I could hear none over the sirens, bullhorn and chanting.
My remarks follow:
In a recent national poll of faith-based health professionals, virtually all of them declared, "I care for all patients in need, regardless of sexual orientation, gender identification, or family makeup, with sensitivity and compassion, even when I cannot validate their choices."
In that same poll, 91% of those faith-based health professionals also said they oppose "Redefining 'sex' in federal discrimination laws to mean gender identity, defined as one's internal sense of being 'male, female, neither or a combination of male and female.'"
So they treat all patients with care and compassion, but they need the freedom to recognize and rely on biology when treating their patients.
But some people think that to show compassion and respect for transgender individuals, the government has to force everyone to ignore not only the clear evidence of biology but also the clear meaning of the law.
That's why a few ideological members of the Equal Employment Opportunity Commission and activist judges have rejected the plain meaning of sex discrimination that Congress, women and doctors have all understood and relied upon for decades.
Reading transgenderism into decades-old sex discrimination law
threatens women's rights and sports, as track star Selina Soule
(above) discovered. Photo: Alliance Defends
In the process, these activists are threatening to undermine the very protections against sex discrimination that Congress enacted, which have transformed opportunities for women.
So this case today is as much about the law and individual freedom as it is about gender.
We will have no individual freedom in our country if the government can require you to believe whatever the government wants you to believe.
The genius of our nation's constitutional protection of individual rights and freedom is not only that the minority is protected from the tyranny of the majority, but also that the majority is protected from the tyranny of the minority. The goal of our democratic republic is protecting the greatest freedom for each one of us, protecting us from government coercion, whether our views align with the majority or with a minority.
So let's all work together to protect each other's freedom to choose our beliefs, and to act in accordance with those beliefs, without government coercion. 
.
Dr. Allen Josephson (left), former chief of the
Division of Child and Adolescent Psychiatry and
Psychology at the University of Louisville, spoke
about how he lost his position after expressing his
professional opinions on the treatment
of youth experiencing gender dysphoria.

Thank you.
As expected, mainstream media coverage slanted toward
stories sympathetic to the LGBT community.


Monday, October 7, 2019

National poll: Faith-based health professionals care for all but need conscience protections on moral issues



By Jonathan Imbody, VP for Government Relations - Christian Medical Association and Director - Freedom2Care

Faith-based health professionals care with compassion and respect for all patients, but they will leave medicine rather than violate their conscience if forced to participate in morally objectionable procedures and prescriptions.
I recently delivered that message from our members, based on a professionally conducted poll, at the White House to the President's advisors; at the U.S. Capitol to Congressional staffers; at a U.S. House of Representatives office to legislators and staffers; and at the U.S. Department of Health and Human Services to agency officials.
The survey, a nationwide poll of faith-based health professionals, conducted by Heart and Mind Strategies, LLC, found that 91 percent said they would have to "stop practicing medicine altogether than be forced to violate my conscience." That finding holds significant implications for millions of patients, especially the poor and those in underserved regions who depend upon faith-based health facilities and professionals for their care. 
The survey of faith-based health professionals also found that virtually all care for patients "regardless of sexual orientation, gender identification, or family makeup, with sensitivity and compassion, even when I cannot validate their choices." The finding puts the lie to the charge that somehow conscience protections will result in whole classes of patients being denied care. 
"Faith-based health professionals actually seek out and serve marginalized patients to provide compassionate care," explained CMDA CEO Emeritus Dr. David Stevens in a news release. "All we ask as we serve is that the government not intrude into the physician-patient relationship by dictating that we must do controversial procedures and prescriptions that counter our best medical judgment or religious beliefs." 
Key poll findings include:
  • Faith-based health professionals need conscience protections to ensure their continued medical practice.
  • Conscience-driven health professionals care for all patients.
  • Religious professionals overwhelmingly support a biological—not ideological--definition of sex.
  • Religious health professionals face rampant discrimination.
  • Access for poor and medically under-served patient populations depends on conscience protections.
Detail on the poll of faith-based professionals can be found at www.Freedom2Care.org/polling.
CMA is currently represented by the Becket law firm in two cases on which this poll has bearing: Franciscan Alliance v. Azar, which addresses an Obamacare transgender mandate, and New York v. HHS, which addresses a new federal conscience protection rule.
The U.S. Department of Health and Human Services (HHS) recently introduced two new regulations on which the poll has bearing: a final conscience protection rule and a proposed gender rule. For more information on these rules, see https://www.freedom2care.org/laws-regs-cases and click on Regulations.

Thursday, September 26, 2019

U.S. encourages U.N. member nations to uphold life, reject policy tricks using abortion euphemisms

HHS Sec. Alex Azar
This email from a friend in the U.S. Dept. of Health and Human Services outlines the bold and right stance that U.S. leaders are taking at the United Nations regarding the value of early human life:

On Tuesday, President Trump spoke to the 74th United Nations General Assembly (UNGA) and boldly asked the nations to resist efforts to include abortion language (also known as “sexual and reproductive health rights” (#SRHR)) into the U.N.’s Universal Health Coverage promotion:
Americans will never tire of defending innocent life. We are aware that many United Nations projects have attempted to assert a global right to taxpayer-funded abortion on demand, right up until the moment of delivery. Global bureaucrats have absolutely no business attacking the sovereignty of nations that wish to protect innocent life. Like many nations here today, we in America believe that every child, born and unborn, is a sacred gift from God.
 
Preceding this historic event, Alex M. Azar II (Secretary of U.S. Health and Human Services) and Mike Pompeo (U.S. Secretary of State) also made history in July by being the first secretaries to write a joint letter to many member nations encouraging them to join the U.S. in standing for life at all ages and stages.
Excerpt of their letter:
The United States appreciates our longstanding partnership in many global health areas. As a key priority in global health promotion, we respectfully request that your government join the United States in ensuring that every sovereign state has the ability to determine the best way to protect the unborn and defend the family as the foundational unit of society vital to children thriving and leading healthy lives. We remain gravely concerned that aggressive efforts to reinterpret international instruments to create a new international right to abortion and to promote international policies that weaken the family have advanced through some United Nations fora. …
We do not support references to ambiguous terms and expressions, such as sexual and reproductive health and rights in U.N. documents, because they can undermine the critical role of the family and promote practices, like abortion, in circumstances that do not enjoy international consensus and which can be misinterpreted by U.N. agencies.
 
The letter paid off. On Sept. 24, Secretary Azar, along with 19 nations representing 1.3 billion people, released a joint statement (excerpt below):
Such terms do not adequately take into account the key role of the family in health and education, nor the sovereign right of nations to implement health policies according to their national context. There is no international right to an abortion and these terms should not be used to promote pro-abortion policies and measures.
Further, we only support sex education that appreciates the protective role of the family in this education and does not condone harmful sexual risks for young people.
We therefore request that the U.N., including U.N. agencies, focus on concrete efforts that enjoy broad consensus among member states. To that end, only documents that have been adopted by all Member States should be cited in U.N. resolutions.
In summary, we have outlined four key principles driving the administration:
  1. The Trump Administration is pro-life;
  2. There is no “international right” to abortion;
  3. U.N. agencies and bureaucrats should not intimidate or pressure other nations into accepting abortion policies; and
  4. Nations have a sovereign right to make their own laws.
Finally, here are helpful resource links for those who desire to help amplify these exciting events:

U.S. advocates at U.N. for international religious freedom


An email received from a friend in the White House summarizes this historic advocacy:

"Today, President Trump became the first President to convene a meeting on religious freedom at the UN. He was surrounded by survivors of religious persecution from around the globe, civil society leaders, religious leaders, US business executives, US administration officials (Secretary Pompeo, Ambassador Brownback, and many others), members of the US Commission on International Religious Freedom (USCIRF), and members of the faith community. Over 130 UN Heads of State and Delegations, as well as UN Secretary Gutierrez, attended the event to hear the President address this crucial issue.

As many of you know, there is no better time for a meeting like this one. More than 80 percent of the world’s population live in nations where religious freedom is threatened or banned. We see people being persecuted for their religious beliefs at an alarming rate. Right now in China, one million Muslim Uyghurs are imprisoned simply because of their faith. In Iran, the persecution of Christians, Sunnis, Bahai’i, and Jews continues. And in Burma, the military continues to target Rohingya Muslims and Christians with discrimination and violence.

Houses of worship – sacred places that should never be a place of violence – have seen unspeakable tragedies in the past year. In Sri Lanka, 300 Christians were murdered during Easter services. In New Zealand, 51 men, women, and children were brutally killed while attending mosque. And in Pittsburgh and Poway, faithful Jewish communities faced deadly and cowardly anti-Semitic attacks.  

Around the world, religious prisoners of conscience continue to be imprisoned, detained, and disappear for their religious beliefs. The trend of religious intolerance is rising around the world.

Today, the President used the full weight of the US government and called out on the world’s stage that we must not ignore this frightening trend. Instead, he called for an end to discrimination and persecution of all people, of all faiths. America stands with believers in every country.

For those of you who were not able to watch it live, I have included the text of the President’s remarks from todaythe Vice President’s remarks, and the video of the full event. I also included highlights of the President’s speech sent around by the WH Communications Team.

I hope you will consider sharing. And of course, I hope you will join the President and Vice President in their efforts to advance religious freedom around the globe.

Thank you.

“Today, I ask all nations to join us in this urgent moral duty. We ask the governments of the world to honor the eternal right of every person to follow their conscience, live by their faith, and give glory to God.” – President Donald J. Trump 

Friday, August 2, 2019

Engage before they come for you


Ob-Gyn Dr. Regina Frost
Christian Medical and Dental Associations (CMDA) member and Ob-Gyn physician Dr. Regina Frost appears to be a modern-day Queen Esther, taking a courageous stand for the faith as did the biblical heroine. Dr. Frost is the face of Christian doctors in a high-stakes federal lawsuit to protect the new federal conscience protection rule from legal assault.

Biblical heroes serve as exemplars
In an age of increasing hostility toward believers in the healthcare arena on issues including abortion, assisted suicide, sex and gender, the faith community needs more Esthers and Daniels to stand up and speak out.
Esther, the courageous queen of Ahasuerus, averted a pogrom by risking her life to approach and entreat the king on behalf of her imperiled Jewish brethren. As she contemplated the risk and compared it to the impending consequences for her fellow believers if she did not speak up, Esther committed to taking a stand, concluding, “if I perish, I perish” (Esther 4:16).
Daniel, a young Jewish captive chosen to serve as a protégé of the Babylonian king Nebuchadnezzar, committed to not compromising his conscience. He wisely and respectfully obtained an accommodation from the king’s orders that would have violated his faith:
“But Daniel made up his mind that he would not defile himself with the king’s choice food or with the wine which he drank; so he sought permission from the commander of the officials that he might not defile himself” (Daniel 1:8, NASB).
Conscience advocates battle state and city governments
Dr. Frost and CMDA are taking a stand against the assault on faith and conscience by 19 state governments, the District of Columbia and the cities of New York and Chicago. Becket, the law firm that successfully represented Little Sisters of the Poor in a Supreme Court religious freedom case over a government contraceptives mandate, represents Dr. Frost and CMDA, who have intervened to protect the conscience rule in the U.S. District Court for the Southern District of New York.
As Becket explains on its website,
Dr. Regina Frost has practiced medicine for 15 years, specializing in obstetrics and gynecology. She helps lead a network of female healthcare professionals called Women Physicians in Christ, a ministry of the Christian Medical & Dental Associations (CMDA) that is committed to supporting women physicians and dentists by integrating their personal, spiritual, and professional lives.
CMDA is an organization of over 19,000 healthcare professionals, including Dr. Frost, who are committed to living out their faith in their practice of medicine. CMDA members serve everyone and seek to treat all of their patients like Christ would, providing all with compassionate care, healing, and hope. CMDA medical professionals take an oath to do no harm and would never deny routine or life-saving care to anyone.Religious freedom protects the rights of individuals to live out their faith in all facets of their lives—including in their professions. This lawsuit threatens the ability of religious healthcare professionals to provide quality, compassionate healthcare, forcing them to choose between their conscience and their practice.
As Dr. Frost has realized, this is no time for believers to silently hide while passively hoping that somehow the controversy and the agitators will not reach us personally. Our right to follow our conscience and the teachings of our faith are under sustained attack, both from within the healthcare community and from without, in an aggressively secular culture untethered from morality.
If we don’t stand up, not only will other health professionals suffer harm and be driven out of healthcare, but also patients and communities will face needless and unfair limits on care.
No believer can stand above the fray
Regardless of how close the assault may be touching us personally at the moment, we need to stand up and speak out whenever we see an erosion of faith and conscience freedom.
In the 1930’s, Lutheran pastor Martin Niemoller at first welcomed the Nazi’s Third Reich. Eventually he learned that the State would countenance no competition from the Church.
After emerging from seven years in Nazi concentration camps, Pastor Niemoller summed up in a poem the lesson he had learned so painfully:
First they came for the socialists, and I did not speak out—because I was not a socialist.
Then they came for the trade unionists, and I did not speak out— because I was not a trade unionist.
Then they came for the Jews, and I did not speak out—because I was not a Jew.
Then they came for me—and there was no one left to speak for me.
It’s only a matter of time before the battle reaches each one of us. We will do well, like Daniel, to “make up our minds” beforehand to stand firm.
Having yielded our lives--and livelihoods--to our Lord who suffered and died for us, we can resolve, as did Esther, “if I perish, I perish.” And then we need to speak out and make the most of our calling to engage “for such a time as this.”

Wednesday, June 5, 2019

Christian Medical Association applauds administration move to bind human tissue research to ethical considerations


Washington, DC –June 5, 2019--The 19,000-member Christian Medical Association (CMA, www.cmda.org) today voiced strong support for the administration's move to stop taxpayer funding of the use of fetal tissue, from elective abortions, for research purposes.
"This courageous and right decision gets the government and our tax dollars out of the sordid business of using tissue from developing babies who have died as a result of elective abortions," noted Jonathan Imbody, CMA Vice President for Government Affairs. 
"Our government now will focus our resources instead on developing sustainable, ethical research that has real potential to save real lives.
"This combination of adhering to life-honoring ethical standards while also aggressively pursuing and investing in scientific innovation is the best path to solid advances in medicine that every American can support and many patients can embrace for healing."
The National Institute of Health (NIH) is ending all intramural research that involves fetal tissue obtained from abortions. In the future, an ethics advisory board convened by the U.S. Secretary of Health and Human Services (HHS) will evaluate projects that propose to use fetal tissue obtained from abortions. The NIH recently announced a $20 million research program to develop models that do not use fetal tissue from abortions.

Friday, May 31, 2019

The new HHS conscience rule: What it means to physicians and patients



The U.S. Department of Health and Human Services (HHS) has issued a final rule that implements 25 federal conscience laws and strongly protects the exercise of conscience freedom by health professionals and health entities in HHS funded programs.  HHS had issued a proposed conscience rule in January 2018 and finalized the rule May 2 after reviewing some 242,000 public comments, including from the Christian Medical Association (CMA) and Freedom2Care, which strongly support the rule.
In a news release lauding the new rule, CMA CEO Dr. David Stevens said, 

Friday, May 24, 2019

Plaintiff Christian Medical Association welcomes intent of new HHS rule to restore intent of Congress on sex discrimination




Washington, DC, May 24, 2019--The 19,000-member Christian Medical Association (CMA, www.cmda.org and www.Freedom2Care.org) today welcomed as "a move toward restoring rationality regarding sex discrimination in healthcare" a new rule proposed by the U.S. Department of Health and Human Services (HHS) that aims to restore the intent of Congress regarding sex discrimination in healthcare.
CMA CEO Designate Dr. Mike Chupp said, "While we and our attorneys are still reviewing this new rule, we welcome the intent of this new proposed rule as a move toward restoring rationality regarding sex discrimination in healthcare. We physicians know that prescriptions and medical procedures differ based on biological sex and that we must base our medical decisions on objective biology—not ideology.
"We will continue as always to care for all patients with compassion and competence while exercising professional, evidence-based medical judgment, adhering to objective ethical standards and at times, exercising conscience based upon moral standards."
CMA is party to a 2016 lawsuit that resulted in a federal court's preliminary injunction against the previous administration's HHS rule that attempted to redefine sex apart from biology to include internal perceptions of sex. Becket represents the CMA in that case. As also noted in that lawsuit, under the previous administration's rule, "HHS declined to add an explicit carve-out for abortion and abortion-related services parallel to the carve-out included in Title IX…."
The new rule, according to an HHS news release today, "proposes a return to the plain meaning of the words used by Congress in prohibiting sex discrimination."
Jonathan Imbody, CMA VP for Government Relations and Director of Freedom2Care, noted, "The proposed rule's stated purpose appears to be in line with what the American people have expressed through their elected representatives in Congress regarding sex discrimination, which is to ensure a level playing field for females and males, and also regarding abortion, which is to preserve conscience freedoms in healthcare.
"In the past, unelected agency officials attempted to use the Affordable Care Act (Obamacare) to force an ideological gender agenda upon virtually all healthcare institutions and professionals, regardless of professional judgment, ethical norms or religious convictions. Effective care for patients requires distinguishing biology from ideology."


HHS issues new rule to restore intent of Congress on sex discrimination

The U.S. Department of Health and Human Services today takes a step toward restoring the intent of Congress in enacting sex discrimination legislation. The court case mentioned in the HHS news release below, which resulted in a preliminary injunction to stop the "transgender mandate," was on behalf of the Christian Medical Association and other health professionals and several states. 

Press Release
FOR IMMEDIATE RELEASE 
Contact:  HHS Press Office May 24, 2019                                                                                    media@hhs.gov

HHS Proposes to Revise ACA Section 1557 Rule to Enforce Civil Rights in Healthcare,
Conform to Law, and Eliminate Billions in Unnecessary Costs

Today, the U.S. Department of Health and Human Services (HHS) proposed regulatory reform related to regulations issued under Section 1557 of the Affordable Care Act (ACA). The proposed rule would maintain vigorous civil rights enforcement on the basis of race, color, national origin, disability, age, and sex, while revising certain provisions of the current Section 1557 rule that a federal court has said is likely unlawful. The proposal also would relieve the American people of approximately $3.6 billion in unnecessary regulatory costs over five years.

Conforming to the Text of our Laws

In Section 1557 of the ACA, Congress directed HHS to apply existing civil rights laws and regulations to healthcare and the ACA Exchanges, including a 1972 law (Title IX) prohibiting discrimination on the basis of sex in certain federally funded programs. In 2016, HHS issued a new rule that redefined discrimination “on the basis of sex” to include termination of pregnancy and gender identity which it defined as one’s internal sense of being “male, female, neither, or a combination of male and female.”

In response to a subsequent lawsuit by several states and healthcare entities, on December 31, 2016, a federal court preliminarily enjoined the rule’s gender identity and termination of pregnancy provisions on a nationwide basis, finding them contrary to the applicable civil rights law, the Religious Freedom Restoration Act, and the Administrative Procedure Act. A second federal court agreed. Because the preliminary injunction continues to be in effect, HHS cannot, and has not since the date of the injunction, enforced the rule’s provisions the court said are likely unlawful. The proposed rule would revise the provisions subject to those injunctions to conform with the plain understanding recognized by the court.

When Congress prohibited sex discrimination, it did so according to the plain meaning of the term, and we are making our regulations conform,” said OCR Director Roger Severino. “The American people want vigorous protection of civil rights and faithfulness to the text of the laws passed by their representatives,” said Severino. “The proposed rule would accomplish both goals.”

Continued Robust Enforcement of Civil Rights Law

Under the proposed rule, HHS would continue to vigorously enforce prohibitions of discrimination on the basis of race, color, national origin, disability, age, and sex in healthcare, as Section 1557 provides. The proposed rule would also retain protections under the 2016 regulation that ensure physical access for persons with disabilities to healthcare facilities, and appropriate communication technology to assist persons who are visually or hearing-impaired. HHS’s proposed rule would also retain protections for non-English speakers, including the right to meaningful language access to healthcare, qualification standards for translators and interpreters, and limitations on the use of minors and family members as translators in healthcare settings. Regulated entities would also continue to be required to provide written assurance to the Department that they will comply with Section 1557’s civil rights provisions and the proposed regulation.

“We are committed to full enforcement of civil rights laws before, during, and after any rulemaking,” said Severino. “We are also committed to the elimination of regulations that contradict law or raise the costs of healthcare without achieving intended results.”

Removing Costly and Unnecessary Regulatory Burdens

The proposed revisions would eliminate $3.2 billion in unneeded paperwork burdens imposed by the 2016 rule. Covered entities report that the 2016 rule requires them to send billions of “tagline” notices each year informing patients and customers of their ability to have “significant documents” translated in at least 15 languages. When HHS adopted the 2016 rule, it projected notice and taglines costs of about $7.2 million in the first five years. Because the 2016 rule did not fully account for printing and mailing costs associated with these notices and taglines, it underestimated the burden of these requirements by over three billion dollars over five years. Instead of requiring regulated health companies to mail billions of paper taglines to mostly English speakers, the money saved could be used to more effectively address individual needs of non-English speakers such as by providing increased access for translators and interpreters.

The proposed Section 1557 rule estimates an additional savings of approximately $400 million over five years by eliminating duplicative requirements and reverting to well-established language access guidance, resulting in a total savings of approximately $3.6 billion in the first five years after finalization.

“As a child of Hispanic immigrants, I know how vitally important it is that people receive quality healthcare services regardless of the language they speak, and this proposal grants providers the needed flexibility for achieving that goal,” said Severino. “The American people are tired of unnecessary regulations getting in the way of access to affordable healthcare, and today’s proposal would remove $3.6 billion in regulatory burdens that are ultimately being passed down to patients, Severino concluded.


Click to read the proposed regulation Factsheet on Section 1557- PDF.

###

*This HHS-approved document is being submitted to the Office of the Federal Register (OFR) for publication and has not yet been placed on public display or published in the Federal Register.  This document may vary slightly from the published document if minor editorial changes are made during the OFR review process.  The document that will be published in the Federal Register is the official HHS-approved document. 

*People using assistive technology may not be able to fully access information in these files at this time.  For assistance, please email OCR at OCRMail@hhs.gov or contact the OCR Call Center at (800) 368-1019.

*A Spanish version of this press release and the Factsheet will be provided in the near future.

Thursday, May 2, 2019

Christian Medical Association doctors laud HHS conscience rule as protecting patients and doctors



Washington, D.C.—May 2, 2019—The 19,000-member Christian Medical Association, the largest national association of faith-based doctors, lauded a conscience law-enforcing rule finalized today by the U.S. Department of Health and Human Services (HHS) as a protection for both patients and doctors.
CMA CEO Dr. David Stevens said, "Our patients need to know that we as doctors can be trusted to conscientiously adhere to objective ethical standards and moral commitments that serve to protect them. They need to know we are not going to lay aside longstanding ethical norms and medical concerns just because ideologically-driven politicians or bureaucrats or hospital administrators might pressure us to do so by threatening our ability to practice medicine."
CMA Senior Vice President Dr. Gene Rudd, an OB/Gyn physician, said, "In recent years, some abortion advocates have proposed effectively banning pro-life physicians from medicine, essentially because we adhere to the Hippocratic Oath. That long-standing objective standard protects our unborn patients while also protecting our born patients from other abuses of medical power such as involuntary euthanasia and sexual abuse. Without pro-life OB/Gyn physicians, who will serve the millions of women and men who also hold to pro-life commitments?
Conscience protection is one of the treasures of our society. It is enshrined in the First Amendment of the Constitution, reflecting its importance. Some would want to take this right away from others when they disagree on certain issues. But protection for each person is critical to protection for all. The HHS conscience rules are critical to preserving this freedom.”

CMA Executive Vice President Dr. Mike Chupp observed, "We are committed to serving every kind of patient with compassion and competence, but that's very different from saying we will do any procedure or fill any prescription regardless of ethical or medical concerns. Healthcare professionals of faith and conscience are committed to the mantra ‘Anyone, Anytime, Anywhere but NOT Anything!’ Without conscience freedom in healthcare, whatever ideology the government chooses will be the grounds used to exclude all objectors. The result would be a loss of healthcare access for patients, and especially the patients of faith-based health professionals who often minister to the underserved and marginalized."

CMA Vice President for Government Relations Jonathan Imbody noted, "This HHS rule enforces and educates regarding existing conscience laws passed by Congress on a bipartisan basis, back when Congress was more bipartisan. The rule reminds the government and the health community that we all live in a country that values freedom of conscience and tolerance of diverse views. Conscience freedoms protect liberals, conservatives and everyone in between, on issues ranging from capital punishment to abortion to research ethics. Without tolerance for diversity and conscience convictions in healthcare, patients lose access to doctors, and health professionals lose their careers."

More information available at www.Freedom2Care.org:
·       Stories of conscience violations
·       Previous polling by Kellyanne Conway on conscience (e.g, 92 percent of faith-based physicians said they would leave medicine rather than compromise conscience)
·       CMA comments submitted to HHS on conscience rule

Thursday, April 25, 2019

Religious students and faculty face discriminatory dogma



"Double, double toil and trouble; Fire burn and cauldron bubble."[i]

The cauldron of ideological hostility toward religious principles and people of faith at Yale Law School just boiled over, and its discriminatory policies targeting religious students threaten to ooze throughout academia and beyond. The school's new anti-religious policy illustrates the extent to which some academic institutions—including medical and dental schools--are willing to go to enforce secular dogma.

Law school withdraws aid from students who serve at faith-based ministries

An opinion piece in USA Today outlines Yale Law School's new aid policy that penalizes persons of faith:
"Under the guise of nondiscrimination, Yale Law School has announced it will blatantly discriminate. A student is barred from aid if she works at a synagogue that gives preference to Jewish applicants, but not if she works at an organization that peddles anti-Semitism yet hires all comers. A graduate is blocked from funding if she works for the Christian Legal Society, but not if she works for the Freedom from Religion Foundation. And a graduate is not eligible to receive loan assistance if she is a professor at Brigham Young University, but is eligible if she works for Berkeley."
A Yale Law School student reacted to the new policy:
"We are deeply concerned about what this means for the future of religious and conservative students at Yale. Who will want to attend a law school that limits your professional opportunities because of your religious convictions? Who will trust a school administration that buckles under pressure from an angry mob and throws its religious and conservative students under the bus?"
Yale Law School's academic version of an anti-religious pogrom advances an alarming campus trend of barring believers from benefits accorded to other students.

Medical and dental student groups face ouster

Medical and dental students who adhere to a biblical faith and/or to pro-life convictions face discrimination at schools that otherwise allow student groups to qualify membership based on sex (fraternities and sororities) and on other criteria related to groups' missions, but not on religious faith.
Anecdotal reports from Christian Medical and Dental Associations campus chapters include the following:
·       At the School of Dental Medicine in a private research university in Ohio: For 40 years, CMDA students had participated in a medical-dental school chapter, but dental students were denied the ability to form their own chapter:
“The group has not been approved because of the emphasis on God and especially because of the Bible sessions as written in the proposal you send. [We]…feel that it is not appropriate for us to endorse such activities."
·       At a large Illinois university: Administration officials de-recognized a 30 year-old CMDA chapter. They claimed that the chapter did not “meet the Board of Trustee’s policies regarding non-discrimination” because the chapter’s leaders are held to moral standards. Administrators wrote that because
“…students are not eligible to be leaders of the organization if they do not believe in God…your organization’s registration is denied.”
·       At the School of Dentistry at a midwestern Jesuit university: Government funds were used to build a dental school building, but administrators forbade the CMDA chapter from meeting on campus because they reportedly feared, ironically, legal consequences related to federal non-discrimination laws.
(Author at far right) Lobbying on Capitol Hill
with a BLinC student, campus ministry leaders
and religious freedom attorneys.
Other campus groups have felt the hot hand of anti-religious discrimination on their necks. The Becket law firm reports:
"In October 2017, the University of Iowa targeted Business Leaders in Christ (BLinC) and kicked them off campus because BLinC asks its leaders to share its religious beliefs—even though the university allows other groups to select leaders who share their mission and ideology. Becket is defending BLinC in federal court against the University of Iowa, asking the court to allow BLinC back on campus.
"On February 6, 2019, the court ruled that the university must end its unequal treatment of religious student organizations, and allow BLinC permanently back on campus. In light of continued official statements by the university that its policies would continue to exclude religious student groups, BLinC appealed to the U.S. Court of Appeals for the Eighth Circuit."

Professors also experience anti-religious targeting

Academic administrators intent on enforcing secular dogma do not limit their targets to religious students; they also train their sights on faith-following faculty.
Psychiatrist and professor Dr. Allan Josephson interviewed on CMDA's Christian Doctors Digest and also spoke at the Heritage Foundation on gender issues—to the outrage of some of his academic colleagues.
Walt Heyer, a man who for years identified as a woman, writes in defense of Professor Josephson after his subsequent forced departure from the University of Louisville:
"Dr. Allan Josephson, the Division Chief of Child and Adolescent Psychiatry and Psychology at the University of Louisville, has served as a distinguished professor in good standing for fifteen years. He scored perfect marks in 2014, 2015 and 2016 on his university reviews.
"But all of that changed in 2017, when he was quickly demoted. This year, the university did not renew Dr. Josephson’s contract, effectively firing him.
"Why? All because a few of his colleagues disagreed with his views on treatment protocols for gender dysphoria in children.
"I have heard Dr. Josephson speak. He is brilliant and likely would destroy his former colleagues in an intellectual face-to-face debate regarding the effectiveness and consequences of using affirmation, hormones, and surgery as treatment for childhood gender distress.
"Looking back on my life, I only wish Dr. Josephson would have been my doctor during my childhood."

Faith community and government leaders fight back

Reacting to the surge of anti-religious discrimination on campuses and beyond, the faith-based community and key political leaders are moving to protect freedoms of speech and religious exercise on campuses.
On March 21, the President issued an executive order, the key parts of which are as follows:
Sec. 2. Policy. It is the policy of the Federal Government to: (a)encourage institutions to foster environments that promote open, intellectually engaging, and diverse debate, including through compliance with the First Amendment for public institutions and compliance with stated institutional policies regarding freedom of speech for private institutions.
Sec. 3. Improving Free Inquiry on Campus. (a) To advance the policy described in subsection 2(a) of this order, the heads of covered agencies shall, in coordination with the Director of the Office of Management and Budget, take appropriate steps, in a manner consistent with applicable law, including the First Amendment, to ensure institutions that receive Federal research or education grants promote free inquiry, including through compliance with all applicable Federal laws, regulations, and policies.
Sec. 6. General Provisions. (b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations.
While this executive order does not alter existing law or Constitutional provisions, it does send a warning shot across the bow of institutions that have denied students their First Amendment rights of speech, religious exercise or assembly. 
For academic administrators who fear the secular dogmatists but otherwise might be inclined to protect these freedoms, it provides them with "cover" to enforce freedom-protecting policies. For those who are not inclined to protect these freedoms (like school administrators who have discriminated against CMDA campus groups), the executive order should make them think twice about pursuing their discriminatory intentions at the risk of federal funding.

CMDA advocates for religious freedom

Education Secretary Betsy DeVos
Having attended off-the-record meetings with high-level Department of Justice officials and with Education Secretary Betsy DeVos, I can assure readers that the administration views protecting campus religious freedom as a priority concern. Secretary DeVos recently publicly announced that the federal government "will no longer enforce a restriction barring religious organizations from serving as contract providers of equitable services solely due to their religious affiliation."
Buttressing that decision is a landmark Supreme Court case (one of many court cases in which CMDA has participated), Trinity Lutheran Church of Columbia, Inc. v. Comer (137 S. Ct. 2012 (2017). The Court held in that case that under the Free Exercise Clause of the First Amendment of the U.S. Constitution, otherwise eligible recipients cannot be disqualified from a public benefit just because of their faith commitments.
At the end of the day, specific laws and the Constitution--and judges' interpretation of those--will determine the freedoms of faith-based student groups. Thankfully, CMDA has built strong relationships over the years with legal groups like Alliance Defending Freedom, Becket, and Christian Legal Society and others that gladly defend our campus groups and your religious freedoms.

Pray, speak out and prepare

What can you do?
Pray for the protection of our nation's historic commitment to religious freedom; elect and support government officials who will enforce protections; and speak out about instances of anti-religious discrimination.
Speaking out about discrimination promotes justice and helps protect others from discrimination. If you know of instances of discrimination against faith-based student groups and/or health professionals, please visit our Freedom2Care discrimination stories website to relate any incidents. (Alternatively, you may forward any stories and related documentation to me at JI@Freedom2Care.org.) We can help evaluate the situation and potential for legal counsel and/or defense.
Might you as a student or professional face backlash for speaking out? Count on it and prepare for it.
"You will be hated by all because of My name…"(Mark 13:13).
As believers preparing to stand firm in our faith convictions in the face of inevitable attacks, we do well to model Daniel, who "made up his mind that he would not defile himself" (Daniel 1:8) and Esther, who vowed, "if I perish, I perish” (Esther 4:16).
We do not know exactly how our tests of faith may come. For an increasing number of believers around the world, a test of faith means a literal gun to the head by an anti-Christian terrorist demanding apostasy, or a radical government edict targeting Christians. Others have faced more subtle yet still profound personal tests of fealty to Christ and His Kingdom principles—in conversations, interviews, patient encounters, investigations and legal actions.
However our tests come, may God grant us grace, courage and faithfulness to always and forever remain true to Christ in all we are and in all we say and do.
"But when they hand you over, do not worry about how or what you are to say; for it will be given you in that hour what you are to say" (Matthew 10:19).
"…but the one who endures to the end, he will be saved"(Mark 13:13).
"I will give to the one who thirsts from the spring of the water of life without cost. He who overcomes will inherit these things, and I will be his God and he will be My son" (Revelation 21:6-7).
Resources:



[i] Shakespeare's Macbeth (Act IV, Scene I).

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