Trump administration creates new religious, moral protections for health workers
Source: The Hill
BY JESSIE HELLMANN - 01/18/18 09:59 AM EST
The Trump administration will create new protections for health workers who have religious and moral objections to certain medical procedures.
The Department of Health and Human Services (HHS) announced Thursday it will create a new division under the Office of Civil Rights (OCR) responsible for investigating complaints filed by workers claiming that their employers have violated their religious rights.
The changes represent a major change for the OCR, which in the past has primarily focused on enforcing patient safety and privacy concerns. The new division, called the Conscience and Religious Freedom Division, will enforce "laws and regulations that protect conscience and prohibit coercion on issues such as abortion and assisted suicide" in HHS-funded or conducted programs," according to OCR's updated website.
"By ensuring individuals and institutions can exercise their conscience and religious freedom rights, OCR furthers justice and tolerance in a pluralistic society," says an announcement that published in the Federal Register Thursday morning.
Read more: http://thehill.com/policy/healthcare/369513-trump-admin-creates-new-religious-moral-protections-for-health-workers
yallerdawg
(16,104 posts)Health worker protections to hurt and kill patients in pursuit of legal services and products.
Expensive lawsuits and litigation to follow. Advertisement for culture war.
SharonAnn
(13,776 posts)So Jehovah's Witness health care professionals can refuse to perform a blood transfusion? Christian Scientist professional can refuse to provide medical treatment?
mahatmakanejeeves
(57,497 posts)I haven't found it in the FR yet.
https://www.gpo.gov/fdsys/search/getfrtoc.action
Hey: livestreamed announcement right now:
Today, the U.S. Department of Health and Human Services (HHS) is pleased to announce the formation of a new Conscience and Religious Freedom Division in the HHS Office for Civil Rights (OCR). The announcement will take place at an event at HHS headquarters from 10:30 a.m. to noon. It will be livestreamed here. Speakers will include Acting Secretary Eric D. Hargan, House Majority Leader Kevin McCarthy, Representative Vicky Hartzler, Senator James Lankford, OCR Director Roger Severino, and special guests.
The Conscience and Religious Freedom Division has been established to restore federal enforcement of our nations laws that protect the fundamental and unalienable rights of conscience and religious freedom. OCR is the law enforcement agency within HHS that enforces federal laws protecting civil rights and conscience in health and human services, and the security and privacy of peoples health information. The creation of the new division will provide HHS with the focus it needs to more vigorously and effectively enforce existing laws protecting the rights of conscience and religious freedom, the first freedom protected in the Bill of Rights.
January 18, 2018 | 10:30 am to 12:00 pm EST
HHS establishes a new Conscience and Religious Freedom (CRF) Division within its Office for Civil Rights (OCR) specializing in enforcement of and compliance with laws that protect conscience and the free exercise of religion, and that prohibit coercion and religious discrimination.
https://www.hhs.gov/conscience
Conscience and Religious Freedom
Archae
(46,337 posts)"Only Jesus can heal!"
"Vaccines are immoral!"
"Natural medicines are the only thing that can cure cancer!"
And these pimps are always willing to send lots of bribes...I mean campaign money to the GOP.
mpcamb
(2,871 posts)And I don't want them stuffing their beliefs in my direction.
Moreover, this is:
1) a distraction to hide something heinous they're doing elsewhere.
2) a sop to their religious racketeers.
3) a needless court battle that'll be fought over stupid issues with some of the worst cases prevailing.
Bayard
(22,100 posts)Will save him from the coming avalanche.
MosheFeingold
(3,051 posts)Not with calling this program what it is: blatant pandering for votes. With that, I agree.
But, as a person with sincere religious faith, I respect sincere religious faith of others.
Many religious people (including Orthodox Jewish people like me) believe a fetus is a child, loved by G-d, and entitled to his or her chance at life.
This is a sincere religious belief. I don't want anyone, especially children, hurt.
Now, obviously, the rights of (what we believe to be) a child have to be weighed against the rights of the mother. This is a tricky thing. It is not about being mean or cruel to the mother, or keeping women "down." It's about potentially taking an innocent life -- and potentially burdening a woman with a responsibility she does not want (or cannot handle, whatever the circumstance).
Judaism has developed rather extensive rules concerning when abortion is, and is not, appropriate. I would follow these rules, if I was a doctor.
Now, just like I don't expect you to refrain from eating trief (non-kosher food), I don't expect you to necessarily follow Jewish laws and rules. Thus, it remains a personal decision (a choice) for the mother and (if appropriate) the others involved, the decision being between her and G-d and whomever else is brought into play.
Similarly, I think it is only right that medical providers being given a choice to participate or not. They should not be forced to participate in actions they sincerely find to be akin to murder --- just like the mother should not be forced into bringing a life into the world.
Mutual choice and mutual respect goes a long way.
People who don't want to participate in abortions are not bad people. They simply have a different circumstance than you.
dbackjon
(6,578 posts)MosheFeingold
(3,051 posts)And perhaps certain Muslim sects who takes anything similar to that stance?
What religion would refuse care to a gay person simply because they are gay?
dbackjon
(6,578 posts)You are obviously very sheltered, or too unconcerned to keep up with the crazies out there. There have been multiple GOP elected officials that have expressed that very sentiment.
Sorry, but your CHOICE of religion should have ZERO bearing on doing YOUR JOB.
A Morpheus Felinae
(41 posts)and what about physicians/ARNPs/pharmacists, etc. refusing medical care/prescriptions, etc. to HIV/AIDS patients? There are far too many people who would gladly refuse care to LGBTQ people given the opportunity. Many evangelicals believe denying care to HIV/AIDS patients is god's will.
I've been HIV+ for 20 years now and I've been very fortunate because I live on the west coast (Washington State and California) where the laws are favorable to LGBTQ individuals. I can't imagine how gay people in "red states" will fare should medical providers be allowed to deny care based on some perceived religious and/or moral objections to certain medical procedures. This could be a death sentence for many.
The direction in which this country is headed is terrifying.
thegoose
(3,115 posts)This is a clarion call to refuse treatment for LGBT patients, people of color, "the wrong people"... Remember the 80s when doctors refused to touch people with HIV? Here it comes again.
Dumpster's dog whistle has become a train whistle. Miserable orange fuck needs to be stopped.
MosheFeingold
(3,051 posts)But I just don't think the assumption it hinges on -- "There are far too many people who would gladly refuse care to LGBTQ people given the opportunity. Many evangelicals believe denying care to HIV/AIDS patients is god's will" --- is true.
Have there been any studies on this? Polls?
I see this as mainly giving persons concerned about abortion a sort of "contentious objector" status.
Finally, I love Salvadore Dali, and love your picture. I actually met him in the 1960s. He signed a lithograph I have "The Judgement of Paris" personally and added some pretty serious detail in the background of the picture by pen after he did it. Very funny and lovely man.
hibbing
(10,098 posts)I don't know if counseling psychologists and psychiatrists fall under this, but they could simply refuse counseling to someone who happens to be gay. Or recommend them to some horrid conversion treatment place. This administration and all the nutjobs in it get me more and more angry every damn day.
Peace
MosheFeingold
(3,051 posts)That 20% of evangelical Christian doctors would refuse to treat a patient simply because he or she is gay.
Do you have source for this? That's a very serious accusation.
dbackjon
(6,578 posts)First article:
https://www.theatlantic.com/health/archive/2016/04/medical-religious-exemptions-doctors-therapists-mississippi-tennessee/478797/
Even talks (read the whole thing) about a Urologist in Mississippi who was suspended from hospitals for his treatment of Gay Men.
And I said 20% of Evangelicals - that is broader than doctors.
Try living as a gay man in the South, then get back to me. What you believe, and what the reality of religious discrimination are vastly different. Educate yourself instead of letting your narrow religious viewpoints color your world.
MosheFeingold
(3,051 posts)Sure, right after you try living as a nonagenarian Jewish man, who fled the Nazis as a child, in the Southwest.
We all have a story. I don't doubt you've had serious difficulties.
But your experience has biased you against religious people. My religious viewpoint is not remotely narrow, except as to myself. Each person must find his way.
And I read the Atlantic story before I asked you for a source. (I was very curious to know where your 20% figure came from; I could not find anything to support the 20%; hence why I asked.) It appears the doctor was fired for unknown reasons (the hospital refused to say) but apparently because he conducted a bizarre letter-writing campaign to the board of directors. Nothing in the article (except the title) appears to indicate he acted poorly towards patients.
I did find one other article about a pediatrician name "Roi" (religion unknown) who refused to care for a child of a lesbian couple. She apparently decided she was mistaken, but they (wisely) moved on.
And I am not really sure what religious doctrine would cause a doctor (or other healthcare) professional to refuse to care for a homosexual person. Obviously, all I really know about is Judaism, where respect for life is paramount. This is why you see terrorist combatants in Syria (all sworn enemies of the Jewish people) bringing their wounded to the border of Israel for care -- they know they will be well treated and healed. A Jewish doctor -- at least one who understands Judaism -- would never refuse care to a homosexual, regardless of his religious beliefs about the lifestyle.
"Love your neighbor as yourself, the rest are details," to summarize the Law like Hillel did (and later paraphrased by a Nazarine preacher of marked renown in non-Jewish circles.)
I had always assumed Nazarines (aka "Christians" followed this tenant, as well, as that has generally been my experience with them. They've been annoying. And I often disagreed with them. But their motives were pure.
bluestarone
(16,976 posts)AMEN to this
thegoose
(3,115 posts)That scumbag.
bluestarone
(16,976 posts)MosheFeingold
(3,051 posts)MosheFeingold
(3,051 posts)About the doctrine of "reasonable accommodation" in employment law. Basically, if an employee's religion (or a disability) prevented them from doing something in a certain way, the employer had to try to figure out how to accommodate the employee, if it was reasonable to do so.
The most easily visible examples of this are generally ramps and whatnot for handicap employees. Most of the stuff is pretty easy to see if it is reasonable. A dude with horrible life-threatening asthma can't be a fireman, for example. Just a bad idea.
But there was one recent case that was hitting the line about what was reasonable or not -- and it was about a supermarket check out lady, of all things.
She was Muslim, and devoutly so. She worked at a Wal-Mart (or some such). They sold hams. Apparently, at least in her branch of Islam, it is forbidden to even touch pig (which I note is a step more hardcore than Kosher -- we just don't eat it. Catching a football is fine).
Well, checking out hams was an issue. She wanted them to not sell hams. They told her to go pound sand, they would move her to another position. Turns out, she wasn't very good at anything but checking people out, so they offered her her job back, and said she could call in another checker when a ham came up. This was not good enough, so she quit, and sued.
Not sure how that turned out.
Also makes wonder about Muslim football players. Are footballs still pig skin? Do the gloves count as not touching?
But what I think is fair here is a "reasonable accommodation."
Religion is a very real thing to many of us. No reason we can't call in another checker.
Red Mountain
(1,735 posts)My wife had a similar experience with a Muslim checker at Target being unwilling to touch/scan alcohol. No big deal. Somebody else did it.
But we're not talking retail, here. We're talking abortion providers in the rural south. Or clerks of court who are unwilling to marry gay people. Nowhere else to go.
I'm fine with a person with religious objections standing aside when there is a ready replacement willing to step up.
If there is no alternative they need to do what they are paid for. If that's still a problem perhaps they should consider another career.
The burden of 'accommodating' the needs of the person expressing a religious objection should fall on the person expressing the objection.
Rastafarians are going to take this fumble and run.
MosheFeingold
(3,051 posts)What is "reasonable" in NYC may not be reasonable in Hobbes, NM.
dbackjon
(6,578 posts)Have to wait while the "non-religious" checker is free to sell him his prescription?
If you aren't willing to sell/checkout EVERY item in a store, then don't work there.
MosheFeingold
(3,051 posts)How tolerant you are when inconvenienced!
But regarding Truvada: Name an example of when a checker at (in this case) a pharmacy has refused to check out a person because the drug is an antiviral medicine. How would a checker even know the customer is gay? After all, many other people have HIV.
And how many checkers sit there and read the medicine?
These hypotheticals are bordering on the absurd.
(Although there was an interesting discussion of your question here: http://www.thebody.com/content/75776/can-a-pharmacist-refuse-to-sell-prep-for-hiv-preve.html)
I think what it is, is anti-religious anger and you consider religion (of any kind) silly.
Well I disagree that religion is silly. But I agree that religious people often face well-deserved anger.
Many people are religious because they know they are crappy people and seek help from above to not be crappy people, myself included.
dbackjon
(6,578 posts)Why the FUCK should I be inconvenienced because of someone's choice of religion?
You are sounding very right wing - the bullshit "You are the one that is intolerant because you don't accept my hate" FUCK THAT SHIT.
People like you are part of the problem.
And yes, it has happened.
Take your anti-gay bullshit from here. This is a Progressive website.
MosheFeingold
(3,051 posts)Because sometimes we have to respect other peoples' ways and cultures, even when not our own.
We're Democrats. We're supposed to be tolerant and inclusive of others. Shame on you.
dbackjon
(6,578 posts)SHAME ON YOU for suggesting that.
Are you suggesting we tolerate NAZIs?
Do I need to remind you who the first victims of the NAZIs were?
Fuck being tolerant of hatred.
MosheFeingold
(3,051 posts)Because I know very little about their scriptures.
But do you REALLY think Jewish people hate you because your gay?
Seriously? I'm an Orthodox Jewish man, and while I'm am sure you can find plenty of evil Orthodox Jewish people who hate homosexuals (and lots of other people), their hatred has nothing to do with any mainstream branch of Judaism.
dbackjon
(6,578 posts)Others, no.
But more concerned about the Evangelicals. Fundies of any stripe.
Might I remind you that the Knesset passed a law banning gay pride parades in Jerusalem, and only through court intervention are they allowed, and twice, pride parades have been marred by knife attacks, and there are always thousands of hate-filled Orthodox Jews protesting.
MosheFeingold
(3,051 posts)Haredim with Orthodox (and Judaism with Israel and Israeli politics). (There is no such thing as "ultra-Orthodox" except in the pages of newspapers, for example.)
There are all sorts of Haredi Jewish sects, including ones known as "Neturei Karta." These are the asshats to which you most likely refer.
They also meet with Iranian leaders and pray for the destruction of the modern state of Israel. They hate everyone. I think there are about 3500 of them spread out across the world, but half are in the old city of Jerusalem.
They attack women wearing too short dresses in the old city. And Jewish men not wearing approved clothing. And are welfare cheats. I got in a pushing match with one coming back from my grandson's swearing-in as a special forces soldier when I went to pray.
Bit like Israeli Westboro Baptists.
They know very little about our scriptures and everything about their cult leaders. Here:
https://en.wikipedia.org/wiki/Neturei_Karta
Red Mountain
(1,735 posts)Which is why the law must be applied equally across state and community lines if we are to be considered a nation.
The Republicans have elevated division into an art form for the sake of power.
They diminish us.
bluestarone
(16,976 posts)then who has to wait?????????? still TOTALLY DISAGREE!!!!!!!!!!!!!!!!!!!!!!!
MosheFeingold
(3,051 posts)moving this to the much-less-emotional Muslim check-out scenario and a bottle of nice wine with some prosciutto -- again to remove the emotion --
You think it is unreasonable to wait a bit for another checker so the Muslim girl doesn't have to violate her religious convictions?
Lots of people agree with you, and I see your point --- that's her job --- but gee, talk about hard-hearted.
Red Mountain
(1,735 posts)But if there is nobody else to check out those items then yes, it is a problem.
Same with anybody with a personal conviction in whatever position that prohibits them from doing their job in a discriminatory way.
You agree with that? If a person can't be served or accommodated by someone else within a reasonable set of parameters (time or distance or both) we have a problem?
Looking for common ground.
MosheFeingold
(3,051 posts)We both agree a "reasonable accommodation" should be made.
Now, getting into the weeds on what "reasonable" is, in what situation, is very hard and very situation specific.
And I think reasonable minds can differ.
It's exactly the kind of thing juries were invented to resolve.
Bradical79
(4,490 posts)Footballs these days are made of rubber, or sometimes cow hide. Interestingly, pig parts were probably never regularly used in footballs in the first place despite calling it a "pigskin".
Cold War Spook
(1,279 posts)If that is true, then an abortion for any reason would be murder. I don't think it is legal to murder one innocent person to save the life of another.
MosheFeingold
(3,051 posts)In that I am over 90 and a man. I also know that reasonable minds differ in this regard.
My son that I live with is a doctor and two of his children are doctors. All are Orthodox and decidedly consciously avoided obstetrics for this very reason.
TheMastersNemesis
(10,602 posts)MosheFeingold
(3,051 posts)We are all adults. These are hard issues. (Not Trump's pandering; that's a given.)
Do try to raise the bar on discussion.
Bradical79
(4,490 posts)My problem is with public workers being able to apply a personal religious or moral test to people seeking services. If you can't handle that, then find something else to do.
MosheFeingold
(3,051 posts)Because I am not rude and try to be considerate of other people, even when I have a difference of opinion.
Bradical79
(4,490 posts)Last edited Thu Jan 18, 2018, 09:12 PM - Edit history (1)
But a person's belief in a particular mythology influencing who they will and will not help when providing a public service is a serious problem. If someone is in a job where they are faced with discriminating against people in order to adhere to their sincerely held religious beliefs, then they should find something else to do.
Edited: I originaly wrote the title as sarcasm, but I really do feel bad now for being too hostile to a stranger on a discussion board. I've chilled out a bit.
mahatmakanejeeves
(57,497 posts)New HHS civil rights division charged with protecting health workers with moral objections
By Ariana Eunjung Cha and Juliet Eilperin January 18 at 11:21 AM
Acting Health and Human Services Secretary Eric Hargan on Thursday announced the creation of a new conscience and religious freedom division that will help protect doctors, nurses and other health-care workers who decline to participate in care that goes against their moral or religious convictions.
Speaking at an event featuring Republican lawmakers and religious leaders, Hargan noted that many of the nation's hospitals, clinics and hospices are run by faith-based groups. And many have found themselves forced to provide services or referrals that violate what they believe.
....
The announcement represents the latest move by the Trump administration to allow individuals and institutions to opt out of providing certain services or benefits based on their moral objections. In 2017, the administration issued new rules letting more employers, including for-profit businesses, be exempt from providing no-cost contraceptive coverage through their health insurance plan.
One theme of the remarks offered at the event announcing the new division was criticism of the Obama administration. Roger Severino, director of the Office for Civil Rights at HHS, commented that HHS has not always been the best keeper of this liberty. House Majority Leader Kevin McCarthy (R-Calif.) said that in the past the government expected health care workers to conform rather than follow their beliefs. What a difference a year makes.
....
Ariana Eunjung Cha is a national reporter. She has previously served as the Post's bureau chief in Shanghai and San Francisco, and as a correspondent in Baghdad. Follow @arianaeunjung
Juliet Eilperin is The Washington Post's senior national affairs correspondent, covering how the new administration is transforming a range of U.S. policies and the federal government itself. She is the author of two booksone on sharks, and another on Congress, not to be confused with each otherand has worked for the Post since 1998. Follow @eilperin
moondust
(19,993 posts)The "Conscience and Religious Freedom Division."
"Big gubmint" protection for bigots and zealots as a "civil right"? Good gawd.
Pathetic and dangerous.
If your religious zealotry trumps your professional and legal obligations then you clearly got into the wrong line of work and you need to move on.
KY_EnviroGuy
(14,492 posts)We're taking away your workplace safety and employment regulations, endangering your retirement and disability benefits, reducing regulations on public and workplace air and water pollution, shifting trillions of dollars of new government liabilities onto your future generations, and giving anyone that wants the right to be armed at any time - and fire at you if you piss them off.
But, we're protecting your freedom to stuff your religious beliefs down everyone's throat, and to throw our system of justice into complete turmoil.
Something like that, eh?
..................
bluestarone
(16,976 posts)THAT'S THERE PLAN! Anybody that disagrees needs to take a LONG look at why they are here on this site!!!!!!!!!
MosheFeingold
(3,051 posts)You may want to look at the very first line of my very first post --- we all know Trump is merely pandering to his base. That's boring.
There is, however, buried in between his garbage, an interesting weighing of interests between religion and government action.
It's on that razor edge the decisions of the courts will be based.
bluestarone
(16,976 posts)i'm right
MosheFeingold
(3,051 posts)Can't be Democrats. Got it. Lots of people feel that way, apparently.
In the mean time, I'll celebrate my co-coreligionists standing up for Dreamers, here:
https://www.democraticunderground.com/12233876
bluestarone
(16,976 posts)KY_EnviroGuy
(14,492 posts)Going all the way back to the Nixon days, all one had to do was filter out their BS and look at their actions. They learned to use emotional issues that have little or nothing to do with government to control the electorate - things like guns, immigrants, abortion, family values and religion. Then, add a healthy dose of hatred for all things government including taxes, and a big dab of racism and nationalism to this toxic brew.
All the while, in the shadows they take the axe to government functions Americans want and need, and they typically do it slowly and deceptively.
Someone summed it up very simply several years ago: "Republicans cannot govern". It's also becoming increasingly clear they do not want to govern, but they do want to insure there's nothing left to govern..
Turbineguy
(37,343 posts)"Take two of these and forget to call me in the morning!"
jmowreader
(50,560 posts)No "moral" person stands behind a man who paid hush money to a porn star mistress he was fucking while his wife was at home nursing his child.
Pobeka
(4,999 posts)As a moral person, of deep religious conviction and faith, I unambiguously see the harm being done to our society by the GOP. The GOP meets my definition of evil and immoral.
So, as a caregiver, if I find out that you are a republican, I cannot help you because your personal choices are evil. My giving care to you would be enabling and supporting evil.
---
There is NO end to how this policy can be legitimately looked at.
Religion of caregivers affecting their ability to give care on a case by case basis has no place in a public health discussion, period.
---
A friend of mine flew medivac missions in the Iraq war. He told me a mission was prioritized based on the injury status of the individuals. Whether the individual was an enemy combatant or US soldier did not matter. That is a standard we must also have in our health care systems.
Blue_Tires
(55,445 posts)dbackjon
(6,578 posts)workinclasszero
(28,270 posts)FTFY