Conscience Rules in Health Care Refresh

Federal
- 4^th conscience provision of Church Amendments (42 U.S.C. 300a-7(d)):
  - “[n]o individual shall be required to perform or assist in the performance of any part of a health service program or research activity funded in whole or in part under a program administered by [the Department] if his performance or assistance in the performance of such part of such program or activity would be contrary to his religious beliefs or moral convictions.”
- Section 1557: Section 1557 of the ACA prohibits any health care provider that receives funding from the federal government to refuse to treat an individual – or to otherwise discriminate against the individual – based on race, color, national origin, sex, age or disability. Originally, this applied regardless of whether a conscience objection arose. Essentially, you can object to a procedure, however you cannot discriminate/object to a person.
State
- Whether LGBTQ+ patients receive anti-discrimination protections varies from state to state. Providers’ conscience objections are federally protected, and in some states can be invoked to refuse treatment to LGBTQ+ patients if treating these patients conflicts with their religious or moral beliefs. Visit Guttmacher Institute State Legislation Tracker for more detailed information.