HHS 2019 Conscience Protection Rule Vacated In Its Entirety

  1. Home
  2. News & Insights
  3. HHS 2019 Conscience Protection Rule Vacated In Its Entirety

The U.S. District Court for the Southern District of New York on Nov. 6, 2019, vacated the U.S. Department of Health and Human Services' (HSS) 2019 Rule, “Protecting Statutory Conscience Rights in Health Care; Delegations of Authority,” 84 Fed. Reg. 23, 170 (May 21, 2019) (codified at 45 C.F.R. pt 88)—the Conscience Protection Rule (Rule).  The Rule was HHS's attempt to interpret and implement more than 30 statutory provisions recognizing the rights of conscience-based objectors in the health care field.  The court found that HSS acted outside of its rulemaking authority, and that the Rule is contrary to Title VII.  The Rule was to take effect November 22, 2019.

These materials provide general information which does not constitute legal or tax advice and should not be relied upon as such. Particular facts or future developments in the law may affect the topic(s) addressed within these materials. Always consult with a lawyer about your particular circumstances before acting on any information presented in these materials because it may not be applicable to you or your situation. Providing these materials to you does not create an attorney/client relationship. You should not provide confidential information to us until Reinhart agrees to represent you.