NY AG Moves to Block Adoption of Trump Administration 'Conscience Rule'
The rule, which is set to go into effect next month, is already the subject of several lawsuits, including one from James that claimed the change would lead to discriminatory practices among health care providers.
June 14, 2019 at 04:54 PM
4 minute read
New York Attorney General Letitia James filed for an injunction on Friday to stop the adoption of a federal rule that would allow businesses and their employees to avoid providing necessary health care to patients based on their religious beliefs or moral convictions.
The rule, which is set to go into effect next month, is already the subject of several lawsuits, including one from James that claimed the change would lead to discriminatory practices among health care providers.
James echoed that argument in a statement Friday after the motion was filed in the Southern District of New York.
“We trust doctors and medical professionals to provide us with necessary care and this rule would give them the green light to put their personal beliefs over their professional obligations,” James said. “This rule is blatantly discriminatory and illegal, and we will not let the federal government put countless Americans in harm's way.”
Without the preliminary injunction, the rule will take effect next month. James, and other opponents, have argued that the rule discriminates against individuals who could be denied care by medical professionals based on their religious beliefs.
A nurse could, for example, object to administering a measles vaccination if such an action ran contrary to her religious beliefs, James has claimed. The rule would apply to several health care professionals, from ambulance drivers to receptionists.
The Trump administration, meanwhile, has flipped that argument on its head, arguing that the rule was intended to prevent discrimination. When announcing the rule last month, the U.S. Department of Health and Human Services said the rule would prevent discrimination against religious employees who don't want to offer certain services based on their beliefs.
“Finally, laws prohibiting government-funded discrimination against conscience and religious freedom will be enforced like every other civil rights law,” said Roger Severino, director of the Office of Civil Rights.
James filed suit later that month against the rule, alleging the Trump administration violated sections of the federal Administrative Procedure Act and the U.S. Constitution. That litigation is ongoing. She's leading a coalition of 23 states in the lawsuit.
They've argued that the rule, if adopted, has the potential to also deprive states and localities of billions of dollars in federal health care funds. If the federal government determines that states or localities have failed to comply with the rule, either through their own actions or those of a subcontractor, funding could be cut off, according to the lawsuit.
She said Friday the rule was rooted more in politics than any kind of sound policy decision.
“We will not allow this administration to put politics over the health and safety of people,” James said.
New York is joined in the litigation by attorneys general from Colorado, Connecticut, Delaware, the District of Columbia, Hawaii, Illinois, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, Oregon, Pennsylvania, Rhode Island, Vermont, Virginia, and Wisconsin. The cities of New York and Chicago are also on the suit.
Representatives from the U.S. Department of Health and Human Services did not immediately respond to a request for comment on the motion filed Friday.
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