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Thursday, August 21, 2008

Controversial Rule on Abortion Moving Forward

The Department of Health and Human Services is going forward with a controversial proposal that would require government grantees that provide health care services to certify they do not discriminate against providers who oppose abortion. From the Associated Press:

The proposed rule, which applies to institutions receiving government money, would require as many as 584,000 employers ranging from major hospitals to doctors' offices and nursing homes to certify in writing that they are complying with several federal laws that protect the conscience rights of health care workers. Violations could lead to a loss of government funding and legal action to recoup federal money already paid.

Abortion rights supporters served notice that they intend to challenge the new rule.

"Women's ability to manage their own health care is at risk of being compromised by politics and ideology," Cecile Richards, president of the Planned Parenthood Federation of America, said in a statement.

HHS claims the rule is needed "to ensure that Department funds do not support morally coercive or discriminatory practices or policies in violation of federal law."

The administration is trying to hurry the rule through the usual regulatory process. The rule appears to have bypassed the required White House review period during which the Office of Information and Regulatory Affairs gets its say on a rule before approving it for public viewing. (This is not to say the White House wasn't involved in the early stages of the rule's drafting.) [Correction: New information shows OIRA did review the rule, but approved it in only a few hours. Read more here.]

The rule will only be opened to public comment for 30 days, further indicating that time is of the essence for Bush administration officials hoping to finalize the rule in the next few months. A typical public comment period lasts 60 days.

Furthermore, the rule is in blatant violation of a White House policy announced in May that told agencies the Bush administration would "resist the historical tendency of administrations to increase regulatory activity in their final months." The policy, which takes the form of a memo to Department heads from White House Chief of Staff Josh Bolten, instructed agencies to propose "no later than June 1, 2008" any regulation the agency wishes to finalize during Bush's tenure. The HHS rule announced today misses that deadline by more than 80 days.