Safeguarding the Rights of Conscience as Protected by Federal Statutes

The Department of Health and Human Services (HHS or the Department) is issuing this final rule to partially rescind the May 21, 2019, final rule entitled, "Protecting Statutory Conscience Rights in Health Care; Delegations of Authority" ("2019 Final Rule"), while leaving in effect the framework created by the February 23, 2011, final rule entitled, "Regulation for the Enforcement of Federal Health Care Provider Conscience Protection Laws" ("2011 Final Rule"), which has been in effect continuously since March 25, 2011. Though the 2019 Final Rule never took effect, the Department also retains, with some modifications, certain provisions of the 2019 Final Rule regarding federal conscience protections, but eliminates others that are redundant or confusing, that undermine the clarity of the statutes Congress enacted to both safeguard conscience rights and protect access to health care, or because significant questions have been raised as to their legality.