“We should not have to request something that the Bill of Rights says is a God-given right … we should not have to request our religious freedom,” he said. “Even the fact that putting the burden on an individual doctor or health system to come beg for clemency is a problem. This is not who this country is.”
Given the Biden administration’s track record for prioritizing progressive gender ideology over religious freedom, Faddis believes that it is “very uncertain” that religious providers’ requests would be granted.
“How can we possibly trust that they’re going to be favorable and friendly and not target or avoid answering these waiver requests?” he asked.
To be clear, Solidarity HealthShare, which says on its website that it has served 55,000 patients since its founding in 2016, will not be impacted by the Biden administration’s change. This is because the rule specifically targets health insurers and providers. However, Faddis believes the new rule presents a broader danger to not just providers but also patients and the overall health care system.
One such problem Faddis foresees is the possibility that a Catholic or religious provider may not be eligible to receive Medicaid or Medicare funding while their exemption requests are being considered.
“If suddenly Catholic health care systems have to stop taking Medicare or Medicaid,” Faddis said, “not only would that drastically impact them and maybe even take them out of business, but it would also drastically impact the availability of care across the country, particularly in certain states that have a large percentage of their care is provided by Catholic systems.”
HHS did not immediately respond to CNA’s request for comment.
In a Friday statement HHS Secretary Xavier Becerra said that the new rule is a “giant step forward for this country toward a more equitable and inclusive health care system.”
According to Becerra, the rule “means that Americans across the country now have a clear way to act on their rights against discrimination when they go to the doctor, talk with their health plan, or engage with health programs run by HHS.”
HHS also clarifies in the rule that “nothing in section 1557 shall be construed to have any effect on federal laws regarding conscience protection; willingness or refusal to provide abortion; and discrimination on the basis of the willingness or refusal to provide, pay for, cover, or refer for abortion or to provide or participate in training to provide abortion.”
The rule will go into effect on July 5, 60 days after being filed in the Federal Register.
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This article has been updated.
Peter Pinedo is a DC Correspondent for CNA. A graduate of Franciscan University, Peter previously worked for Texas Right to Life. He is a first lieutenant in the U.S. Army Reserve.