ACA's Antidiscrimination Rules Clash with Religious Freedom Claims
Health-care providers seeking exemptions should be prepared to address whether and how their religious beliefs outweigh the interests of patients who lack access because of the absence of any other providers in the region, according to Dorsey & Whitney's Stephen Lucke.
September 30, 2022 at 05:00 AM
7 minute read
Health Care
Stephen P. Lucke of Dorsey & Whitney. Courtesy photo. Recent court decisions and newly proposed regulations by the Department of Health and Human Services (HHS) have stoked long-simmering conflicts between the federal government and religiously affiliated health-care providers and employers. Early skirmishes suggest that someday the Supreme Court may need to resolve these disputes.
Through a New Proposed Rule Making (NPMR) published in August, HHS has made clear that under the antidiscrimination provisions of the Affordable Care Act (ACA), health-care providers may not exclude gender transitions or abortions from the services that they offer. Also, bolstered by a recent Supreme Court decision, the NPMR prohibits employers from excluding gender transitions from the health benefits that they offer their employees.
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