Trump HHS reverses Obama protections for medical providers

The Trump administration says it’s reversing an Obama administration rule that protected Planned Parenthood and other providers from states seeking to freeze them out of funding.
And it took more action Friday to protect what it called religious liberties of healthcare providers.
The Health and Human Services Department said the moves would restore flexibility to states and restore the right to act based on conscience, but health advocacy groups said the actions were clearly aimed at shutting down women’s access to abortions and, potentially, other healthcare as well.
And, they said, the rules would aid and abet bigotry.

Nuns speak to each other before Zubik v. Burwell, an appeal brought by Christian groups demanding full exemption from the requirement to provide insurance covering contraception under the Affordable Care Act, is heard by the U.S. Supreme Court on March 23, 2016. Joshua Roberts / Reuters file

“This is part of the Trump administration’s commitment to roll back regulations instituted by the Obama administration to radically favor abortion,” Charmaine Yoest, assistant secretary for public affairs at HHS, told reporters in a telephone briefing.
In April 2016, the Obama HHS department told states they were in violation of federal law if they withheld payments from any qualified health provider, including Planned Parenthood.
Related: Birth control mandate next on Trump HHS agenda
“On Friday, CMS (the Center for Medicare and Medicaid Services) issued a State Medicaid Director Letter restoring state flexibility to establish reasonable standards for their Medicaid programs,” HHS said in a statement.
“The letter rescinded an April 2016 guidance (State Medicaid Directors Letter #16-005), which limited states’ long-standing authority to regulate providers operating within their states.”
Federal law already forbids the use of federal funds for abortions. But anti-abortion rights groups and many conservative politicians oppose the use of any tax dollars to pay Planned Parenthood and other providers for any patient care.
“Additionally, HHS’ Office for Civil Rights (OCR) is announcing a new proposed rule to enforce 25 existing statutory conscience protections for Americans involved in HHS-funded programs, which protect people from being coerced into participating in activities that violate their consciences, such as abortion, sterilization, or assisted suicide,” HHS said.
On Thursday, HHS said it was creating a new division to protect the religious rights of healthcare providers.

Officials who spoke to reporters said they did not know what effect, if any, the new policies would have on provision of birth control. Many groups sued the federal government when they were required by the 2010 Affordable Care Act to provide birth control to employees as part of health insurance coverage.
HHS officials were also unable to say if the rules would apply to healthcare providers who do not want to tend to lesbian, gay, bisexual or transgender people.
“We want people from all walks of life to be served and to be able to be served,” said Roger Severino, director of HHS’s Office of Civil Rights.
“Today’s actions represent promises kept by President Trump and a rollback of policies that had prevented many Americans from practicing their profession and following their conscience at the same time,” said acting HHS Secretary Eric Hargan.
“Americans of faith should feel at home in our health system, not discriminated against, and states should have the right to take reasonable steps in overseeing their Medicaid programs and being good stewards of public funds."