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Time wasted: A last-minute Bush health rule makes mischief
Thursday, November 20, 2008

Once again, the Bush administration has chosen to ignore the experts and go with its gut in implementing new regulations.

The U.S. Department of Health and Human Services is advancing rules covering the legal protections of health care workers who have moral objections to abortion and other procedures, despite widespread evidence that the changes are not necessary and will cause confusion, not clarity.

The same administration that ignored the advice of its own scientists when it implemented new smog standards now is ignoring organizations that represent the very employees whose rights it says it is trying to protect -- the American Medical Association, the American Nurses Association, the American Hospital Association and others.

In addition, officials from the Equal Employment Opportunity Commission, including its lawyer who was appointed by the president, oppose the change. EEOC officials said they were not consulted before the rule was issued, even though it ostensibly is to protect the rights of workers.

Three federal statutes as well as laws in many states including Pennsylvania already protect so-called "provider conscience rights." But HHS says the 40 pages of regulation are necessary because "the public and many health care providers are largely uninformed of the protections."

The administration argues that there is confusion among doctors, nurses, pharmacists, receptionists and other health workers about their rights to refuse to be associated with abortions and other procedures, but it offers little to support the claim. If awareness truly is the problem this rule aims to solve, an education campaign aimed at the workers would make more sense than layering new regulation on top of existing law. The fact that the administration isn't pursuing that course suggests the fears of its critics are warranted.

Women's health advocates are worried that the regulation leaves the door open for too much interpretation about what constitutes an abortion since the regulation does not define it. Some individuals and organizations consider the use of contraceptives tantamount to abortion, for instance.

Currently, employees can opt out but hospitals and clinics, for the most part, must find ways to accommodate patients. The regulation takes the rights of patients out of the equation.

President-elect Barack Obama has said he will try to rescind the regulation if it is implemented, but that can take months. It's too late for the Bush White House to be making major policy changes that only will mean time wasted to undo them after Jan. 20.

First published on November 20, 2008 at 12:00 am