HHS 2019 Conscience Protection Rule Vacated In Its Entirety

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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.

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