HHS Investigates State Health Department to Protect Conscience Rights and Ensure Equal Treatment of Faith-Based Organizations

HHS’ Office for Civil Rights Examines Whether State Licensing Practices Comply with Federal Conscience and Equal Treatment Laws and Regulations

Today, the U.S. Department of Health and Human Services, Office for Civil Rights (OCR) launched a major investigation into a State health department to assess whether its licensing policies, interpretations, or enforcement practices for behavioral health residential facilities and licensed behavioral health personnel violate Federal law by:

• Discriminating against faith-based organizations in the administration and/or enforcement of licensing requirements, including requiring any facilitation of sex-rejecting procedures and female genital mutilation (FGM) and treating religious objections as grounds for adverse licensure action, including denial or termination of professional licenses;
• Discriminating against institutional and/or individual health care entities for their religious objections to provide, pay for, provide coverage of, or refer for abortion, including through licensing, certification, or other determinations of legal status or participation; and/or
• Requiring any individual in a health service program funded by HHS to perform or assist in the performance of services contrary to that individual’s religious beliefs or moral convictions, including counseling or other assistance related to abortion, sex-rejecting procedures, or FGM.

“Amid a national shortage of behavioral health providers, every qualified professional is essential to meeting the needs of people in crisis,” said Paula M. Stannard, OCR Director. “OCR is committed to ensuring that faith-based organizations can contribute fully and that no provider is asked to violate their religious beliefs or moral convictions as they step forward to serve.”

OCR’s investigation will proceed under applicable laws including the Equal Treatment for Faith-Based Organizations rule (45 C.F.R. part 87), which prohibits discrimination against faith-based providers in HHS-supported programs; and federal health care conscience protection statutes administered under 45 C.F.R. part 88, including the Weldon Amendment, the Coats-Snowe Amendment (42 U.S.C. § 238n), and the Church Amendments (42 U.S.C. § 300a-7).

This marks the fifth announced investigation during the second term of President Trump’s Administration examining compliance with Federal laws that safeguard conscience rights for health care professionals. Today’s announcement also demonstrates continued efforts across HHS to preserve the fundamental rights of conscience and religious exercise.

OCR enforces Federal protections against discrimination based on conscience and religion in specific programs funded by HHS Federal financial assistance. OCR also enforces Federal religious nondiscrimination provisions in grant and block grant programs that prohibit discrimination against individuals on the basis of religion. For more information, visit OCR’s Conscience and Religious Freedom page.

If you believe that you or someone else has been discriminated against because of race, color, national origin, disability, age, sex, religion, or the exercise of conscience in programs or activities that HHS directly operates or for which HHS provides Federal financial assistance, you may file a complaint with the HHS Office for Civil Rights.

Follow HHS OCR on X (formerly Twitter) at @HHSOCR.