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May 22, 2019

ATTORNEY GENERAL RAOUL JOINS LAWSUIT TO STOP RULE ALLOWING DISCRIMINATION IN PROVIDING HEALTH CARE

HHS Rule Will Allow Businesses and Individuals to Refuse to Provide Necessary Health Care on the Basis of Their “Religious, Moral, Ethical, or Other” Beliefs

Chicago — Attorney General Kwame Raoul, as part of a coalition of 23 states, cities, and municipalities, joined a lawsuit against a Final Rule issued by the Department of Health and Human Services (HHS), which seeks to expand the ability of businesses and individuals to refuse to provide necessary health care on the basis of businesses' or employees’ “religious beliefs or moral convictions.”

The federal lawsuit, filed Tuesday in the Southern District of New York, seeks to enjoin the Final Rule and prevent it from going into effect. The suit follows a comment letter filed by the Attorney General’s office and a coalition of states in March 2018, when the rule was proposed, urging that it be withdrawn.

“We must not tolerate discrimination of any kind, particularly when it deprives people of important health care services,” Raoul said. “I am proud to stand with my fellow attorneys general to defend in court patients’ right to make their own health care decisions in consultation with their providers.”

The lawsuit alleges that the Final Rule, which will take effect in July 2019, would undermine the delivery of health care by giving a wide range of health care institutions and individuals a right to refuse care based on the provider’s own personal views. The Rule drastically expands the number of providers eligible to make such refusals, ranging from ambulance drivers to emergency room doctors to receptionists to customer service representatives at insurance companies. The Rule makes this right absolute and categorical, and no matter what reasonable steps a health provider or employer makes to accommodate the views of an objecting individual, if that individual rejects a proposed accommodation, a provider or employer is left with no recourse.

Under the Rule, a hospital could not inquire, prior to hiring a nurse, whether (s)he objected to administering a measles vaccination – even if this was a core duty of the job in the middle of an outbreak of the disease. Or an emergency room doctor could refuse to assist a woman who arrived with a ruptured ectopic pregnancy, even if the woman’s life was in jeopardy.

The Rule would also allow businesses, including employers, to object to providing insurance coverage for procedures they consider objectionable, and allow individual health care personnel to object to informing patients about their medical options or referring them to providers of those options. The Rule would have a significant impact on marginalized patients, including LGBTQ patients, who already confront discrimination in obtaining health care.

The lawsuit further alleges that the risk of noncompliance is the termination of billions of dollars in federal health care funding. If HHS determines that states or cities have failed to comply with the Final Rule – through their own actions or the actions of thousands of sub-contractors relied upon to deliver health services – the federal government could terminate funding to those states and cities. States and cities rely upon those funds for countless programs to promote the public health of their residents, including Medicaid, the Children’s Health Insurance Program, HIV/AIDS and sexually transmitted disease prevention and education, and substance abuse and mental health treatment.

The lawsuit argues that this drastic expansion of refusal rights, and the draconian threat of termination of federal funds, violates the federal Administrative Procedures Act and the Spending Clause and separation of powers principles in the U.S. Constitution.

Joining Raoul in filing the lawsuit are the attorneys general of Colorado, Connecticut, Delaware, the District of Columbia, Hawaii, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, Oregon, Pennsylvania, Rhode Island, Vermont, Virginia, and Wisconsin, as well as Chicago, New York City, and Cook County, Ill.

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