Guttmacher Institute comment letter re Provider Conscience Regulation

September 24, 2008 Department of Health and Human Services Office of Public Health and Science Attention: Brenda Destro Hubert H. Humphrey Building 200 Independence Avenue SW, Room 728E Washington, DC 20201 Re: RIN 0991-AB48, Provider Conscience Regulation The Guttmacher Institute is writing in opposition to the above-referenced rule proposed by the Department of Health and Human Services (DHHS) on August 26, 2008, which has the potential to seriously undermine the integrity of the U.S. health care system; create substantial confusion for individual and institutional health care providers, state and local governments, and academic and other research institutions; and, most dangerously, impede individuals’ access to critically important health care services that they need and want, and even basic information related thereto. According to the proposed regulation, DHHS believes there is widespread ignorance of three federal laws, often referred to as the Church Amendments (42 USC 300a-7), the Coats Amendment (42 USC 238n) and the Weldon Amendment (Consolidated Appropriations Act 2008, P.L. 110-161, Div. G, 508d). These provisions allow individuals and institutions under certain circumstances to refuse to provide certain services, explicitly abortions and sterilizations, to which they may object on religious or moral grounds. The stated purpose of the regulation, in response, is to clarify, raise awareness of and require certification ...