Base
RuleSignificant2019-096672019-05-21

Protecting Statutory Conscience Rights in Health Care; Delegations of Authority

Health and Human Services Department,

Abstract

The United States has a long history of providing protections in health care for individuals and entities on the basis of religious beliefs or moral convictions. Congress has passed many such laws applicable to the Department of Health and Human Services ("HHS" or the "Department") and the programs or activities it funds or administers, some of which are the subject of existing HHS regulations. This final rule revises existing regulations to ensure vigorous enforcement of Federal conscience and anti-discrimination laws applicable to the Department, its programs, and recipients of HHS funds, and to delegate overall enforcement and compliance responsibility to the Department's Office for Civil Rights ("OCR"). In addition, this final rule clarifies OCR's authority to initiate compliance reviews, conduct investigations, supervise and coordinate compliance by the Department and its components, and use enforcement tools otherwise available in existing regulations to address violations and resolve complaints. In order to ensure that recipients of Federal financial assistance and other Department funds comply with their legal obligations, this final rule requires certain recipients to maintain records; cooperate with OCR's investigations, reviews, or other proceedings; and submit written assurances and certifications of compliance to the Department. The final rule also encourages the recipients of HHS funds to provide notice to individuals and entities about their right to be free from coercion or discrimination on account of religious beliefs or moral convictions.

Action & Dates

Action
Final rule.
Dates
This rule is effective July 22, 2019.
Effective Date
2019-07-22

CFR References

Topics

Adult educationAssisted suicideCivil rightsColleges and universitiesCommunity facilitiesEducational facilitiesEmploymentFamily planningGovernment contractsGovernment employeesGrant programs-healthHealth careHealth facilitiesHealth insuranceHealth professionsHospitalsImmunizationInsuranceInsurance companiesLaboratoriesManpower training programsMaternal and child healthMedicaidMedical and dental schoolsMedical researchMedicareMental health programsNursing homesOccupational safety and healthPrescription drugsPublic assistance programsPublic healthReligious discriminationReporting and recordkeeping requirementsScholarships and fellowshipsSchoolsScientistsState and local governmentsStudentsTechnical assistance

Corrections

This document has been corrected by:

Document Excerpt

Document Headings Document headings vary by document type but may contain the following: the agency or agencies that issued and signed a document the number of the CFR title and the number of each part the document amends, proposes to amend, or is directly related to the agency docket number / agency internal file number the RIN which identifies each regulatory action listed in the Unified Agenda of Federal Regulatory and Deregulatory Actions See the Document Drafting Handbook for more details. Department of Health and Human Services Office of the Secretary 45 CFR Part 88 RIN 0945-AA10 AGENCY: Office for Civil Rights (OCR), Office of the Secretary, HHS. ACTION: Final rule. SUMMARY: The United States has a long history of providing protections in health care for individuals and entities on the basis of religious beliefs or moral convictions. Congress has passed many such laws applicable to the Department of Health and Human Services (“HHS” or the “Department”) and the programs or activities it funds or administers, some of which are the subject of existing HHS regulations. This final rule revises existing regulations to ensure vigorous enforcement of Federal conscience and anti-discrimination laws applicable to the Department, its programs, and recipients of HHS funds, and to delegate overall enforcement and compliance responsibility to the Department's Office for Civil Rights (“OCR”). In addition, this final rule clarifies OCR's authority to initiate compliance reviews, conduct investigations, supervise and coordinate compliance by the Department and its components, and use enforcement tools otherwise available in existing regulations to address violations and resolve complaints. In order to ensure that recipients of Federal financial assistance and other Department funds comply with their legal obligations, this final rule requires certain recipients to maintain records; cooperate with OCR's investigations, reviews, or other proc

Read full document on FederalRegister.gov →

Full Document

Citation: 84 FR 23170