Published September 26, 2024
On Thursday, September 26, 2024, EPPC scholar Eric Kniffin met with government officials in the Executive Office of the President (EOP) to oppose a rule proposing “enhancements” to insurance coverage for preventive services, including contraception, under the Public Health Services Act.
During the meeting, Kniffin raised several key points for HHS and other agencies to consider before finalizing the rule, including the need to demonstrate a need for the rule; a respect for the Religious Freedom Restoration Act and Supreme Court precedent regarding religious exercise; acknowledgement of the American tradition of conscience rights in health care; and a proper consideration of the rule’s costs and benefits.
With regard to religious liberty concerns, Kniffin stated “Given HHS’s past rulemaking under the preventive services mandate, we are concerned that the proposed changes to regulations under Section 2713 of the [Public Health Services] Act may include new mandates that would substantially burden the religious exercise of religious employers, insurers, or third party administrators.”
Similarly, Kniffin says, “HHS can and should respect rights of conscience. As the Supreme Court held in Little Sisters of the Poor Saints Peter and Paul Home v. Pennsylvania, HHS has ‘the authority to provide exemptions from the regulatory contraceptive requirements for employers with religious and conscientious objections.’”
Kniffin concluded by reminding the EOP’s Office of Information and Regulatory Affairs that a meaningful comment period is essential for effective, democratic rulemaking, noting the administration’s alarming trend of providing fewer than 30 days for public comment on proposed rules.
A written version of the comments submitted is available here (PDF).
Eric Kniffin is a fellow at the Ethics and Public Policy Center, where he works on a range of initiatives to protect and strengthen religious liberty as part of EPPC’s HHS Accountability Project.
