Defense of Conscience in Health Care Act
- Bill Number
- H.R. 2874
- Origin Chamber
- House
- Congress
- 119th Congress, Session 1
- Policy Area
- Health
- Status
- Introduced
- Latest Action
- 2025-04-10: Referred to the House Committee on Energy and Commerce.
- Last Updated
- 2026-04-13T15:09:03Z
AI-Generated Summary
Purpose of the Legislation
The "Defense of Conscience in Health Care Act" (H.R. 2874) aims to reinstate federal protections for individuals and entities in health care who object to participating in certain medical procedures or services based on their moral, ethical, or religious beliefs (known as "conscience rights"). It directs the government to revive a previous regulatory framework to safeguard these rights under existing federal laws.
Key Provisions
- Mandate for New Rule: Within 6 months of the bill's enactment, the Secretary of Health and Human Services (HHS) must issue a final rule that matches or is substantially similar to the rule previously codified at 45 CFR Part 88 (as it existed on July 22, 2019, published in the Federal Register at 84 Fed. Reg. 23170).
- Superseding Authority: The new rule must explicitly override any conflicting federal rules in place at the time of issuance.
- Scope of Protections: The rule applies to "Federal conscience and anti-discrimination laws," defined as in the 2019 rule, which include statutes protecting health care providers, institutions, and individuals from being forced to perform, assist, or refer for abortions, sterilizations, or other procedures that violate their conscience.
Significant Changes to Existing Law
- This bill reverses modifications made to the 2019 rule after its issuance, as the Biden administration rescinded or altered parts of it in 2021–2022 to address perceived overreach in conscience protections.
- It restores a broader interpretation of conscience rights, emphasizing enforcement mechanisms and delegations of authority to HHS offices, which had been narrowed or eliminated in subsequent updates.
- No new laws are created; instead, it mandates regulatory revival to align with the pre-2021 framework.
Potential Impacts
- On Government Agencies: HHS will need to update its regulations quickly, potentially reallocating resources for enforcement, compliance monitoring, and handling complaints related to conscience objections. This could strain administrative capacities in the short term.
- On Citizens: Health care workers and students may gain stronger legal backing to refuse participation in objectionable procedures without fear of discrimination or retaliation, potentially increasing job satisfaction in certain fields. Patients seeking services like abortions or assisted suicide might face delays or referrals if providers opt out, affecting access in some regions.
- On International Relations: Minimal direct impact, though it could influence U.S. health aid policies abroad if conscience protections extend to international programs funded by HHS.
Main Stakeholders Affected
- Health Care Providers and Institutions: Doctors, nurses, hospitals, and clinics that wish to decline involvement in specific procedures based on conscience.
- Health Care Workers and Trainees: Including medical students and employees who could face penalties for non-compliance without these protections.
- Patients and Advocacy Groups: Individuals seeking reproductive or end-of-life services, as well as organizations representing both pro-life and reproductive rights perspectives.
- Federal Government: Primarily HHS, which must implement and enforce the rule, along with related agencies like the Office for Civil Rights.
Notable Legal, Constitutional, or Political Implications
- Legal Implications: Strengthens enforcement of existing statutes like the Church Amendments (1973) and the Weldon Amendment, reducing ambiguity in how conscience rights are applied. It may lead to increased litigation if the rule is challenged for conflicting with anti-discrimination laws (e.g., under Title VII for employment).
- Constitutional Implications: Aligns with First Amendment protections for religious freedom and free exercise of beliefs, potentially bolstering arguments against compelled speech or actions in health care settings. Critics might argue it undermines equal protection or access to care under the Fourteenth Amendment.
- Political Implications: Reflects ongoing debates over religious liberty versus reproductive rights, likely polarizing along partisan lines. As an introduced bill in the 119th Congress (2025–2026), its passage could signal shifts in health policy priorities, especially if tied to broader conservative agendas on abortion post-Roe v. Wade.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Rep. Moolenaar, John R. [R-MI-2]
Recent Actions
- 2025-04-10: Referred to the House Committee on Energy and Commerce.
- 2025-04-10: Introduced in House
- 2025-04-10: Introduced in House
Bill Versions
- Defense of Conscience in Health Care Act — issued 2025-04-10 — PDF (2 pages)