IU Indianapolis ScholarWorks :: Browsing by Subject "Conscientious objection"

Browsing by Subject "Conscientious objection"

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Balanced Budget Act, 42 U.S.C. § 1395w-22(j)(3). Prohibiting interference with provider advice to enrollees
(http://www.gpo.gov/fdsys/pkg/USCODE-2010-title42/pdf/USCODE-2010-title42-chap7-subchapXVIII-partC-sec1395w-22.pdf, 1997)
Subparagraph (A) shall not be construed as requiring a Medicare Choice plan to provide, reimburse for, or provide coverage of a counseling or referral service if the Medicare Choice organization offering the plan— (i) objects to the provision of such service on moral or religious grounds; and (ii) in the manner and through the written instrumentalities such Medicare Choice organization deems appropriate, makes available information on its policies regarding such service to prospective enrollees before or during enrollment and to enrollees within 90 days after the date that the organization or plan adopts a change in policy regarding such a counseling or referral service.
Church Amendments, 42 U.S.C. § 300a-7
(http://www.hhs.gov/ocr/civilrights/understanding/ConscienceProtect/, 1973) U.S. Department of Health & Human Services
No individual shall be required to perform or assist in the performance of any part of a health service program or research activity funded in whole or in part under a program administered by the Secretary of Health and Human Services if his performance or assistance in the performance of such part of such program or activity would be contrary to his religious beliefs or moral convictions.
Conscientious objection in the healing professions: a readers' guide to the ethical and social issues
(One Health: Information in an Interdependent World. Medical Library Association Annual Meeting and Exhibition; 2013 May 6-8; Boston, MA. http://www.mlanet.org/am/am2013/, 2013-05-07) Odell, Jere D.; Comer, Amber (Malcolm); Rua, Avril N.; Abhyankar, Rahul
What is a health care provider to do when they find that their moral integrity is at odds with professional expectations? Should a nurse with religious objections to assisted reproduction be asked to stop working in obstetrics and gynecology? Can a pharmacist with moral objections to emergency contraception refer a patient to a colleague without being complicit in a perceived moral wrong doing? Should religious organizations be required to provide or pay for objectionable health services? When is a patient's health and well-being more important than a professional's moral integrity? Here we: 1) describe a collaboration between a medical librarian and the Indiana University (IU) Conscience Project 2) outline the subject of conscientious objection in the healing professions, and 3) introduce a new readers' guide on the topic.
Danforth Amendment to the Civil Rights Restoration Act, 20 USC § 1688. Neutrality with respect to abortion
(http://www.justice.gov/crt/about/cor/coord/titleixstat.php#Sec.%201688.%20Neutrality%20with%20respect%20to%20abortion, 1988)
Nothing in this chapter shall be construed to require or prohibit any person, or public or private entity, to provide or pay for any benefit or service, including the use of facilities, related to an abortion. Nothing in this section shall be construed to permit a penalty to be imposed on any person or individual because such person or individual is seeking or has received any benefit or service related to a legal abortion.
Ensuring That Department of Health and Human Services Funds Do Not Support Coercive or Discriminatory Policies or Practices in Violation of Federal Law
(http://www.gpo.gov/fdsys/pkg/FR-2008-12-19/pdf/E8-30134.pdf, 2008-12-19) U.S. Department of Health & Human Services
SUMMARY: The Department of Health and Human Services (HHS) is issuing a final rule to ensure that Department funds do not support morally coercive or discriminatory practices or policies in violation of federal law, pursuant to the Church Amendments (42 U.S.C. 300a– 7), Public Health Service (PHS) Act § 245 (42 U.S.C. 238n), and the Weldon Amendment (Consolidated Appropriations Act, 2008, Public Law 110–161, Div. G, § 508(d), 121 Stat. 1844, 2209). This final rule defines certain key terms. In order to ensure that recipients of Department funds know about their legal obligations under these federal health care conscience protection laws, the Department is requiring written certification by certain recipients that they will comply with all three statutes, as applicable. Finally, this final rule assigns responsibility for complaint handling and investigation among the Department’s Office for Civil Rights and Department program offices.
PL 111-148, 124 Stat 119, § 1303(a) Special rules relating to coverage of abortion services
(http://www.gpo.gov/fdsys/pkg/PLAW-111publ148/pdf/PLAW-111publ148.pdf, 2010-03-23)
(a) SPECIAL RULES RELATING TO COVERAGE OF ABORTION SERVICES.— (1) VOLUNTARY CHOICE OF COVERAGE OF ABORTION SERVICES.— (A) IN GENERAL.—Notwithstanding any other provision of this title (or any amendment made by this title), and subject to subparagraphs (C) and (D)— (i) nothing in this title or any amendment made by this title), shall be construed to require a qualified health plan to provide coverage of services described in subparagraph (B)(i) or (B)(ii) as part of its essential health benefits for any plan year; and (ii) the issuer of a qualified health plan shall determine whether or not the plan provides coverage of services described in subparagraph (B)(i) or (B)(ii) as part of such benefits for the plan year. (B) ABORTION SERVICES.— (i) ABORTIONS FOR WHICH PUBLIC FUNDING IS PROHIBITED.—The services described in this clause are abortions for which the expenditure of Federal funds appropriated for the Department of Health and Human Services is not permitted, based on the law as in effect as of the date that is 6 months before the beginning of the plan year involved. (ii) ABORTIONS FOR WHICH PUBLIC FUNDING IS ALLOWED.—The services described in this clause are abortions for which the expenditure of Federal funds appropriated for the Department of Health and Human Services is permitted, based on the law as in effect as of the date that is 6 months before the beginning of the plan year involved.
Public Health Service Act, 42 U.S.C. § 238n. Abortion-related discrimination in governmental activities regarding training and licensing of physicians
(http://www.hhs.gov/ocr/civilrights/understanding/ConscienceProtect/, 1996) U.S. Department of Health & Human Services
The Federal Government, and any State or local government that receives Federal financial assistance, may not subject any health care entity to discrimination on the basis that-- (1) the entity refuses to undergo training in the performance of induced abortions, to require or provide such training, to perform such abortions, or to provide referrals for such training or such abortions; (2) the entity refuses to make arrangements for any of the activities specified in paragraph (1); or (3) the entity attends (or attended) a post-graduate physician training program, or any other program of training in the health professions, that does not (or did not) perform induced abortions or require, provide or refer for training in the performance of induced abortions, or make arrangements for the provision of such training.
Regulation for the enforcement of federal health care provider conscience protection laws
(http://www.gpo.gov/fdsys/pkg/PLAW-111publ148/pdf/PLAW-111publ148.pdf, 2011-02-23) U.S. Department of Health & Human Services
SUMMARY: The Department of Health and Human Services issues this final rule which provides that enforcement of the federal statutory health care provider conscience protections will be handled by the Department’s Office for Civil Rights, in conjunction with the Department’s funding components. This Final Rule rescinds, in part, and revises, the December 19, 2008 Final Rule entitled "Ensuring That Department of Health and Human Services Funds Do Not Support Coercive or Discriminatory Policies or Practices in Violation of Federal Law" (the "2008 Final Rule"). Neither the 2008 final rule, nor this final rule, alters the statutory protections for individuals and health care entities under the federal health care provider conscience protection statutes, including the Church Amendments, Section 245 of the Public Health Service Act, and the Weldon Amendment. These federal statutory health care provider conscience protections remain in effect.
Weldon Amendment, Consolidated Appropriations Act, 2012, Pub. L. No. 112-74, 125 Stat 786.
(http://www.hhs.gov/ocr/civilrights/understanding/ConscienceProtect/, 2011-12-23) U.S. Department of Health & Human Services
(d)(1) None of the funds made available in this Act may be made available to a Federal agency or program, or to a State or local government, if such agency, program, or government subjects any institutional or individual health care entity to discrimination on the basis that the health care entity does not provide, pay for, provide coverage of, or refer for abortions. (2) In this subsection, the term "health care entity" includes an individual physician or other health care professional, a hospital, a provider-sponsored organization, a health maintenance organization, a health insurance plan, or any other kind of health care facility, organization, or plan.

Browsing by Subject "Conscientious objection"

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