Plain English
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Defense of Conscience in Health Care Act This bill requires the Department of Health and Human Services (HHS) to issue a final rule on protecting statutory conscience rights in health care that is identical or equivalent to the rule titled Protecting Statutory Conscience Rights in Health Care; Delegations of Authority , which was scheduled to take effect on July 22, 2019, but was vacated by courts. Federal law generally prohibits discrimination based on conscience or religious beliefs with respect to federally funded health care programs, including prohibiting recipients of certain federal funding from requiring health care providers to take actions that they find religiously or morally objectionable (e.g., providing referrals for abortions). In 2019, HHS issued a final rule revising the applicable regulations, including imposing certification and cooperation requirements, as well as establishing additional enforcement provisions and penalties. However, this rule was later vacated by federal courts and never took effect. In 2024, HHS issued another final rule that generally applied a pre-2019 enforcement framework while also maintaining certain aspects of the 2019 rule (e.g., specifically designating HHS' Office for Civil Rights as the entity with the authority to handle relevant complaints). The bill requires HHS to reinstate the 2019 rule in its entirety.
Market Impact Map
Action Timeline
2025-04-10
Referred to the House Committee on Energy and Commerce.
2025-04-10
Introduced in House
2025-04-10
Introduced in House
Full Bill Text
119 HR 2874 IH: Defense of Conscience in Health Care Act U.S. House of Representatives 2025-04-10 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. I 119th CONGRESS 1st Session H. R. 2874 IN THE HOUSE OF REPRESENTATIVES April 10, 2025 Mr. Moolenaar introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To provide for regulations on protecting statutory conscience rights in health care. 1. Short title This Act may be cited as the Defense of Conscience in Health Care Act . 2. Regulations on protecting statutory conscience rights in health care (a) In general Not later than 6 months after the date of enactment of this Act, the Secretary of Health and Human Services shall— (1) issue, under the Federal conscience and anti-discrimination laws, a final rule that is identical or materially equivalent to the former rule stated in part 88 of title 45, Code of Federal Regulations, as in effect on July 22, 2019 (84 Fed. Reg. 23170; relating to protecting statutory conscience rights in health care; delegations of authority); and (2) specify in the final rule that the rule supersedes any contrary rule in existence on the date of issuance. (b) Definition In this section, the term Federal conscience and anti-discrimination laws has the meaning given the term in the former rule specified in subsection (a)(1).
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