The Obama Administration Rescinds Old Regulations Affecting Provider Conscience Laws

By Melissa Dizon, Albany Government Law Review Class of 2011

Introduction

On February 18, 2011 the United States Department of Health and Human Services announced its new rule regarding health care and conscience clauses.[1]  The new rule replaces a controversial rule that the Bush Administration issued in 2008, during George W. Bush’s  last days in office.[2]  The new rule ensures that the law protects health care providers who object to performing or assisting an abortion, while eliminating confusion of the previous rule that the definition of abortion also included contraception.[3]  This is undoubtedly a point for the pro-choice faction, but one can imagine it will spark the conscience clause debate anew.

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