Sunday, July 12, 2009

Health

On Women Blog - U.S. News & World Report

New Government Rule Could Limit Your Access to Birth Control

December 18, 2008 01:03 PM ET | Deborah Kotz | Permanent Link | Print

Well it's final. The Department of Health and Human Services went ahead and published its "conscience rights" rule designed to protect healthcare providers from being denied employment or being fired if they, say, refuse to administer abortions, emergency contraception, or certain forms of birth control because of their religious or moral beliefs.

Dozens of health organizations, including the American College of Obstetricians and Gynecologists and the American Medical Association, voiced their fierce opposition, saying that such a rule would deny women access to full reproductive care. And more than 200,000 Planned Parenthood members filed comments against the rule, organization Vice President Laurie Rubiner tells me. One of the concerns raised—including by me—was whether patients would even be informed of their doctor's refusal to administer certain procedures or if they would simply be kept in the dark about their options.

HHS spokesperson Kevin Schweers says the agency dealt with this concern by noting in the final rule that ideally, patients and healthcare providers should "have full, open, and honest conversations about the services they request and provide." (You can read the full version of the rule here.) There is, though, no regulation forcing doctors to be fully transparent with patients—as there is forcing hospitals and clinics to hire docs without regard to the services that they're willing to perform. "It's, at best, window dressing," says Roger Evans, in charge of litigation and law policy at Planned Parenthood. "There's no legal requirement for a doctor to say anything."

The agency got this regulation in just under the wire; if it had been filed after December 20, President-elect Obama could have simply canceled it with a stroke of his pen, which he has promised to do. (Incoming presidents can cancel any "midnight rules" published within 30 days of their inauguration.) It also appears that Bush is backing away from his promise not to issue any new regulations after November 1. Planned Parenthood President Cecile Richards called it a "last parting shot at women's health," adding that the rule will "create chaos" among healthcare providers.

What will it take to reverse this new regulation?

"There are a couple of different ways it can be done," Rubiner tells me. Sens. Hillary Clinton and Patty Murray have already filed legislation to block federal funding to implement the rule—which would mean the regulation can't be put into effect. "The problem with this route is that the rule won't go away," Rubiner says. "Another Congress can vote to reverse the funding block."

Another possibility is via a Congressional Review Act provision in which both the House and Senate would pass resolutions of disapproval of the new regulation, which would strike it permanently from the books. That harsher rebuke, though, could be harder to accomplish, and the new Congress would need to do it within its first 75 working days, says Evans.

Lastly, the incoming head of HHS, Tom Daschle, could propose a new rule that negates the language of the conscience regulation. "This would also be a permanent fix, but it would take at least six months for the rule to be proposed, reviewed for comments, and issued as a final regulation," says Rubiner. She thinks the best approach may be a blocking of congressional funding until a new regulation can be implemented. "But we're going to talk to the Obama transition team to figure out the best route to go."

Tags: abortion | birth control | women's health

Tools: Share | | Comments (7) | Print

Reader Comments

Individual rights

It is amazing that people who supported conscientious objectors who did not want to defend our country in war are now perfectly willing to force people to commit what they consider to be murder.

Without mutual respect, this issue will tear our country apart and there will never be a resolution.

As an OBGYN I have never seen anyone who was EVER FORCED to perform an abortion. I think those of who do perform the abortions are the ones who need the protection. I have to fight everyday to make sure my patients have access to a full compliment of their LEGAL rights. I would like someone protecting me and my line of work for a change.

BS

This ticks me. They know that they cant just take it in front of our face so their coming up from beneath us and taking it anyway. And by it I mean our freedom as women. We are not all catholic and we are not all against abortion personally I would never abort a child of mine. Even through rape etc. but I believe other women have the right to choose for theirself what is right. And they think teen pregnancy is a problem I just turned 18 and I put myself on bc because I know I am not ready for a child finacially or mentally. If you want less teen pregnancies I suggest they better start handing it out like candy. Our society is so corrupt and full of shit ugh. Im only a kid and I can see things need to chang and this is minor but our population is so high already. I wish I had an answer. Just let me think on it for a while then maybe I can come up with someething.

Add your thoughts

Your comment will be posted immediately, unless it is spam or contains profanity. For more information, please see our Comments FAQ.

advertisement

About On Women

Deborah Kotz, senior writer for U.S. News & World Report, covers everything women care about when it comes to their health. She's often tapping out "Oprah-esque" confessions about how the latest news relates to her personally—whether it's on breast cancer, contraception or easing work-family stress. She'd love to hear your confessions too at onwomen@usnews.com. Also, you can follow Deborah on Twitter at twitter.com/debkotz2.

Health Check

advertisement

NEWSLETTER

Sign up today for the latest headlines from U.S. News & World Report delivered to you free.

RSS FEEDS

Personalize your U.S. News with our feeds of blogs and breaking news headlines.

U.S. NEWS MOBILE

U.S. News daily briefings are also available on your mobile device.

People who read this also read ...

Featured Video

HealthiNation Video: What Is Breast Cancer?

What Is Breast Cancer?

Watch how cancer forms inside the breast, and learn the possible signs and symptoms of breast cancer.

HealthiNation Video: Rheumatoid Arthritis

Learning About Depression

Depression is more than just a "down mood."

HealthiNation Video: Learning About Cancer

Learning About Cancer

Detailed explanations about the chemotherapy process and how cancer cells form in the body.

Understanding Chemotherapy

Learn why chemotherapy often plays a large part in cancer treatment.

Bernadine Healy, M.D. Video

Bernadine Healy, M.D.

Dr. Healy gives a tour through one of America's Best Hospitals, discusses how diet affects genes, and more.

Use of this Web site constitutes acceptance of our Terms and Conditions of Use and Privacy Policy.
Make USNews.com your home page.