HHS Issues New Nondiscrimination Final Rule to Protect Conscience Rights

The Final Rule strengthens the process for enforcing federal conscience laws and provides additional protections against conscience and religious discrimination.

Today, the U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) announced a Final Rule, entitled Safeguarding the Rights of Conscience as Protected by Federal Statutes. The Final Rule clarifies the process for enforcing federal conscience laws and strengthens protections against conscience and religious discrimination. This important Final Rule is HHS’s latest action in furtherance of Executive Order 13985, entitled Advancing Racial Equity and Support for Underserved Communities Through the Federal Government.

“Today’s rule is another promise delivered by President Biden, working to strengthen conscience protections and advance health care, free from discrimination,” said Secretary Xavier Becerra. “The Final Rule clarifies protections for people with religious or moral objections while also ensuring access to care for all in keeping with the law.”

“Protecting conscience rights and ensuring access to health care are critically important, no matter who you are, where you live, who you love, or your faith and conscience. Our office has statutory mandates to protect people across the country and takes this responsibility very seriously,” said Office for Civil Rights Director Melanie Fontes Rainer. “We are proud of today’s rule, which advances conscience protections, access to health care, and puts our health care system on notice that we will enforce the law. As a law enforcement agency, we are committed to this work.”

In 2019, OCR issued a sweeping final rule that was held unlawful by three federal district courts. Today’s Final Rule partially rescinds the 2019 rule, restores the longstanding process for enforcing federal conscience laws, and strengthens protections against conscience and religious discrimination.

The Department received over 48,000 comments on the proposed rule from faith-based organizations, patient advocacy organizations, lawmakers, reproductive rights organizations, and more. After carefully considering these comments, the Final Rule clarifies what federal conscience laws OCR enforces, details how OCR will enforce federal conscience laws, and encourages covered entities, such as grantees and providers, to voluntarily post a notice of rights to ensure compliance and educate the public about conscience statutes and rights.

The effective date of this Final Rule is March 11, 2024. The Final Rule may be viewed here: https://www.federalregister.gov/public-inspection/2024-00091/safeguarding-the-rights-of-conscience-as-protected-by-federal-statutes.

View the Final Rule Fact Sheet here: https://www.hhs.gov/conscience/conscience-protections/fact-sheet-safeguarding-rights-conscience-protected-federal-statutes/index.html

HHS will be hosting a webinar On Wednesday, January 10 at 3:00 PM EST. To register for the webinar, visit here.

If you believe that you or someone else has been discriminated against based on claims of conscience (whether rooted in religious or moral convictions) or because of race, color, national origin, disability, age, sex, or religion in programs or activities that HHS directly operates or to which HHS provides Federal financial assistance, you may file a complaint with the HHS Office for Civil Rights at: https://www.hhs.gov/civil-rights/filing-a-complaint/index.html.