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B-335879 Jan 25, 2024 1 (2024-01-25)

handle is hein.gao/gaopuf0001 and id is 1 raw text is: U.S. GOVERNMENT ACCOUNTABILITY OFFICE 441 G St. N.W. Washington, DC 20548 B-335879 January 25, 2024 The Honorable Bernard Sanders Chairman The Honorable Bill Cassidy Ranking Member Committee on Health, Education, Labor, and Pensions United States Senate The Honorable Cathy McMorris Rodgers Chair The Honorable Frank Pallone, Jr. Ranking Member Committee on Energy and Commerce House of Representatives Subject: Department of Health and Human Services, Office of the Secretary: Safeguarding the Rights of Conscience as Protected by Federal Statutes Pursuant to section 801(a)(2)(A) of title 5, United States Code, this is our report on a major rule promulgated by the Department of Health and Human Services, Office of the Secretary (HHS) entitled Safeguarding the Rights of Conscience as Protected by Federal Statutes (RIN: 0945-AA18). We received the rule on January 10, 2024. It was published in the Federal Register as a final rule on January 11, 2024. 89 Fed. Reg. 2078. The effective date is March 11, 2024. According to HHS, the final rule partially rescinds the May 21, 2019, final rule entitled, Protecting Statutory Conscience Rights in Health Care; Delegations of Authority (2019 Final Rule), while leaving in effect the framework created by the February 23, 2011, final rule entitled, Regulation for the Enforcement of Federal Health Care Provider Conscience Protection Laws which has been in effect continuously since March 25, 2011. HHS stated though the 2019 Final Rule never took effect, HHS also retains, with some modifications, certain provisions of the 2019 Final Rule regarding federal conscience protections, but eliminates others that are redundant or confusing, that undermine the clarity of the statutes Congress enacted to both safeguard conscience rights and protect access to health care, or because significant questions have been raised as to their legality. Enclosed is our assessment of HHS's compliance with the procedural steps required by section 801(a)(1)(B)(i) through (iv) of title 5 with respect to the rule. If you have any questions about this report or wish to contact GAO officials responsible for the evaluation work relating to

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