NACN-USA Provides Comments on the Department of Health and Human Services (HHS) Rule Protecting the Religious Freedom and Conscience Rights of Healthcare Practitioners, Professionals and Organizations

NACN-USA provided comments on the Department of Health and Human Services (HHS) rule protecting the religious freedom and conscience rights of healthcare practitioners, professionals and organizations by co-signing a letter drafted by First Liberty in collaboration with Dr. Marie Hilliard, President-Elect and Dr. Carolyn Laabs, Chair Ethics & Spirituality Committee.

Read the Joint Comments with First Liberty on HHS Rule
RIN 0945-ZA03-Proposed Rule from HHS

Note a point of clarification in religious liberty cases. Referral vs Transfer of Care. No one should be forced to refer a patient for a morally objectionable procedure. A referral is equal to having done an morally objectionable procedure ones self because one intends that procedure be carried out by another. This is called formal cooperation in evil and it is the foundation by which some physicians in Vermont were able to get a stipulated agreement that they would not have to refer for physician assisted suicide when they were being forced to do so. A referral for a morally objectionable procedure is akin to hiring a hitman. In other words one arranges for someone else to do what one considers to be immoral.

It is advisable for persons to transfer care to a provider selected by the patient. Information in the patient’s medical record is information over which the patient has a right, as is the patient’s body their property right. Transferring the care of that patient to someone they select with their medical record morally is quite different from a referral. No one should be forced to refer, and while not abandoning a patient their care can be transferred to a provider of the patients preference/selection. (Clarification from Dr. Marie Hilliard, Director of Bioethics & Public Policy, National Catholic Bioethics Center & NACN-USA President Elect). 3/27/2018