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WASHINGTON – As the Bush Administration continues to take action challenging reproductive rights in this country, 126 Members of Congress joined together in sending a letter late yesterday to the Department of Health and Human Services (HHS) opposing a proposed rule that would significantly undermine patients’ access to vital health services and information. The letter, organized by U.S. Reps. Diana DeGette (D-CO), Henry A. Waxman (D-CA), Louise Slaughter (D-NY), and Nita M. Lowey (D-NY), argues that the “ill-conceived and unnecessary proposed rule puts politics and ideology before quality health care.”

“The Bush Administration continues to pursue its extreme ideology over sound public health care policies,” said Rep. DeGette, Vice Chair of the Committee on Energy and Commerce and Co-Chair of the Congressional Pro-Choice Caucus. “This is just the latest example in a series of attempts by this Administration to thwart commonsense health care services in this country. This proposed rule could have a drastic impact on the health of the American public.”

“The HHS regulations threaten public health because they categorically put specific individual beliefs above all other important interests.  The Constitution protects the free exercise of religion, but the Constitution also requires appropriate separation of church and state.  By prioritizing refusal rights above all other considerations – including patient health - the HHS regulations eviscerate any idea of balancing these constitutional obligations,” said Rep. Waxman, Chairman of the House Government Reform and Oversight Committee.
 
“Eight continuous years of trouncing on women's reproductive rights and playing politics with science has obviously not been enough for this Administration,” said Rep. Slaughter, Chairwoman of the House Committee on Rules. “As its parting gift to women across this country, the Administration has proposed a sweeping rule that goes beyond a woman’s right to choose, beyond a woman’s right to contraception and puts everyone’s access to health care at risk.  The Administration’s unconscionable actions really show you just how out of touch they are with women and their families.” 

“Providing access to contraception is one of the most effective ways that we can reduce unintended pregnancies and abortion,” said Rep. Lowey.  “This proposed regulation would give hospitals, HMOs, pharmacies, and doctors a green light to refuse to provide services or even referrals for basic contraception.  This proposal is outrageous, illogical, and counterproductive in our efforts to reduce unintended pregnancies and abortion.”

Title VII of the Civil Rights Act of 1964 already prohibits employers from discriminating based on employees’ or applicants’ religious beliefs or practices.  The Administration's own Equal Employment Opportunity Commission sent HHS comments yesterday calling the proposed rule "unnecessary for protection of employees and applicants," "potentially confusing" to the health care community, and "a burden on covered employers, particularly small employers."

Members collectively wrote:

“We are writing to strongly object to a rule proposed on August 26, 2008 by the Department of Health and Human Services (HHS) that will significantly undermine patients’ access to vital health services and information.  The ill-conceived and unnecessary proposed rule puts politics and ideology before quality health care:  It would expand the ability of health care providers to withhold treatment, counseling, or medical information based on their religious or moral beliefs without regard for the needs of the patient.  The proposed rule broadens the scope and reach of existing federal refusal laws beyond Congressional intent, while creating confusion and uncertainty about the rights and obligations of patients, doctors, and health care institutions—not merely in the area of reproductive health but throughout the U.S. health care system.  Because the proposed rule is a threat to the health care of women, their families, and all Americans, we urge you to halt all efforts to move it forward.”

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