H.R.2874 - Defense of Conscience in Health Care Act (119th Congress)
Summary
H.R.2874, the "Defense of Conscience in Health Care Act," seeks to reinstate regulations protecting statutory conscience rights in health care. It directs the Secretary of Health and Human Services to issue a final rule identical or materially equivalent to the rule in effect on July 22, 2019, as stated in part 88 of title 45, Code of Federal Regulations. This rule pertains to protecting statutory conscience rights in health care and delegations of authority.
The bill aims to supersede any contrary rules existing on the date of issuance. The key focus is to codify and reinforce protections for individuals and entities with conscience-based objections in the healthcare sector.
The bill was introduced in the House of Representatives on April 10, 2025, and referred to the Committee on Energy and Commerce.
Expected Effects
The primary effect of this bill, if enacted, would be the re-establishment of specific conscience protections for healthcare providers. This could lead to healthcare providers being able to refuse to participate in certain medical procedures or services that conflict with their religious or moral beliefs.
This may result in some patients facing difficulties accessing certain healthcare services. It could also lead to legal challenges regarding the scope and application of these conscience protections.
Potential Benefits
- Strengthens protections for healthcare providers who have religious or moral objections to certain procedures.
- Reinforces the principle of freedom of conscience in the healthcare sector.
- Provides legal clarity by codifying existing regulations.
- May reduce potential legal liabilities for healthcare providers who act in accordance with their conscience.
- Could foster a more diverse and inclusive healthcare environment where different viewpoints are respected.
Most Benefited Areas:
Potential Disadvantages
- May limit patient access to certain healthcare services, particularly in areas where there are few providers.
- Could disproportionately affect vulnerable populations who rely on specific healthcare services.
- May create conflicts between the rights of healthcare providers and the needs of patients.
- Could lead to discrimination against certain groups of patients.
- May increase administrative burdens and legal costs associated with implementing and enforcing the regulations.
Most Disadvantaged Areas:
Constitutional Alignment
The bill's alignment with the Constitution is complex. Proponents may argue it aligns with the First Amendment's guarantee of religious freedom, allowing individuals to practice their faith without government interference.
Opponents may argue that it could violate the Establishment Clause by favoring certain religious beliefs over others, or that it infringes upon the rights of individuals seeking healthcare services. The balance between religious freedom and the right to healthcare access is a key constitutional consideration. The bill does not appear to violate any other specific constitutional provision.
Impact Assessment: Things You Care About ⓘ
This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).