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Conscience and Religious Freedom Division Marks Its First Anniversary with Action
The Hastings Center Report
|April 19, 2019
Summary
The Trump administration created a new division to protect religious freedom in healthcare. This administrative action is influencing healthcare policies and enforcement strategies, including suspending enforcement of gender-identity discrimination protections.
Area of Science:
- Health Law
- Administrative Law
- Public Health Policy
Background:
- The Trump administration established the Conscience and Religious Freedom Division in January 2018.
- This division operates within the Department of Health and Human Services' Office of Civil Rights.
- Its stated goal is to enhance legal protections for religious and conscience objections in healthcare settings.
Purpose of the Study:
- To analyze the impact of administrative agencies in shaping healthcare law without legislative action.
- To examine the effects of the Conscience and Religious Freedom Division's establishment on healthcare entities.
- To understand how agency enforcement priorities influence healthcare practices and policies.
Main Methods:
- Analysis of administrative agency actions and their legal implications.
- Examination of the formation and stated goals of the Conscience and Religious Freedom Division.
- Review of the impact on healthcare organizations' policies and practices.
Main Results:
- The creation of the division demonstrates administrative agencies' power to influence law.
- Healthcare entities are altering policies and practices in response to the new division's focus.
- The Office of Civil Rights has suspended enforcement of the Affordable Care Act's prohibition on gender-identity discrimination.
Conclusions:
- Administrative agencies significantly shape legal landscapes in healthcare through both action and inaction.
- The Conscience and Religious Freedom Division's establishment has tangible effects on healthcare providers' operations.
- Shifts in enforcement priorities by agencies like OCR can alter patient protections.
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