Charlotte Lozier Institute Submits Public Comment on HHS Proposed Rule regarding Sect. 1557 of the Affordable Care Act

On October 3, 2022, Charlotte Lozier Institute submitted a public comment on the Notice of Proposed Rulemaking (NPRM) “Nondiscrimination in Health Programs and Activities” related to Section 1557 of the Affordable Care Act, published by the Department of Health and Human Services (Department) in the Federal Register on August 4, 2022.

U.S. Department of Health and Human Services, Office for Civil Rights
Attention: 1557 NPRM (RIN 0945-AA17)
Hubert H. Humphrey Building, Room 509F
200 Independence Avenue SW
Washington, DC 20201
Re: Charlotte Lozier Institute Public Comment Pursuant to Notice of Proposed Rulemaking on Docket ID number HHS-OS-2022-0012

To Whom It May Concern:

The Charlotte Lozier Institute (CLI) respectfully submits the following comment in opposition to several abortion-related aspects of HHS–OS–2022–0012, the Notice of Proposed Rulemaking (NPRM) “Nondiscrimination in Health Programs and Activities,” published by the Department of Health and Human Services (Department) in the Federal Register on August 4, 2022. The proposed rule reinterprets Section 1557 of the Affordable Care Act (ACA), which prohibits discrimination on the basis of race, color, national origin, age, disability, and sex in covered health programs or activities. (See 42 U.S.C. § 18116.)

The mission of Charlotte Lozier Institute is to promote deeper public understanding of the value of human life, motherhood, and fatherhood, and to identify policies and practices that will protect life and serve both women’s health and family well-being. CLI submits this comment because it opposes the proposed change to the interpretation of Title IX’s prohibition of discrimination “on the basis of sex,” and Section 1557’s incorporation of that prohibition, to include “termination of pregnancy,” which we are concerned will be used to force healthcare providers to participate in the brutal and abhorrent practice of abortion. We further oppose the interpretation of Section 1557’s incorporation of Title IX to exclude that law’s longstanding religious exemption (See 20 U.S.C. § 1681(a)(3)) and its abortion-neutrality provision (See 20 U.S.C. § 1688), which protect the rights of healthcare providers and entities like doctors, nurses, and hospitals to refrain from involvement in abortion. (See Doerflinger, R. (2021), “The ‘Equality Act’: Threatening Life and Equality,” available at https://lozierinstitute.org/the-equality-act-threatening-life-and-equality/ detailing the history and purpose of Title IX’s religious exception and abortion-neutrality provision.)

To continue reading the full comment, please see: Charlotte Lozier Institute Submits Public Comment on HHS Proposed Rule regarding Sect. 1557 of the Affordable Care Act