TAKE ACTION: Urge the Obama Administration to Rescind the Harmful “Provider Conscience” Regulations.

In the final days of the Bush Administration, harmful regulations that could limit LGBT patients’ access to health care services were rushed through the Department of Health and Human Services (“HHS”). The regulations purport to interpret federal law to allow a health care provider to refuse to provide any health care service or information for a religious or moral reason. These regulations could impair LGBT patients’ access to care services if interpreted to permit providers to choose patients based upon sexual orientation, gender identity or family structure.

Now, the Obama Administration is considering rescinding these regulations and we need everyone to speak out. HRC fought enactment of these regulations and has asked the Administration to rescind these regulations in their entirety.

The Department of Health and Human Services has issued a “proposed rule” that would rescind these harmful regulations. The next step in the rule making process is allowing for public comment. We are encouraging HRC members and supporters to tell HHS that a patient’s access to health care services should not depend on their sexual orientation or gender identity. The public can submit their comments to HHS through April 9 by emailing proposedrescission@hhs.gov

TAKE ACTION: Cut and paste the text of the letter below into an MS Word document (.doc) and email it as an attachment to proposedrescission@hhs.gov.

Here is a sample letter:

March, 2009

Office of Public Health and Science
Department of Health and Human Services
Attention: Rescission Proposal Comments
Hubert H. Humphrey Building
200 Independence Avenue, S.W.
Room 716G
Washington, DC 20201

Thank you for the opportunity to provide comments to the Department of Health and Human Service’s Notice of Proposed Rulemaking (“NPRM”) with regard to rescission of the “Provider Conscience Regulation.” I support the right of all people to access health services without discrimination. Because these regulations could interfere with access to health care and promote discrimination against the very patients that federal funds are meant to serve, I urge the Department of Health and Human Services to rescind these regulations in their entirety.

I am concerned these regulations could limit the LGBT community’s access to services. The regulations state that the existing religious refusal clause allows a health care provider to refuse to assist in the performance of any service with which they have a religious or moral objection. Creating such a blanket right to refuse could severely impair the LGBT community’s ability to obtain health services.

Furthermore, the regulations do not require that patients are informed of their treatment options. Under the regulations, a doctor may refuse to administer an HIV test to a patient because he is gay. In fact, the doctor could not only refuse this service, but decline to tell the patient where he would be able to obtain testing. Clearly, this puts the health of the patient, and potentially that of others, at risk. The regulations allow counselors to refuse to counsel same-sex couples or a pharmacist to refuse to fill a prescription for hormone replacement therapy for a transgender customer.

The regulations clarify that any entity that receives HHS funding must allow this exemption. The regulations cover hundreds of hospitals, universities and public health programs serving millions of citizens across the fifty states. As a result, they preempt state and local anti-discrimination laws. They also preempt individual employer policies protecting against non-discrimination. Consequently, patients could not be guaranteed access to health care.

Protecting the free exercise of one’s personal religious beliefs is an important public policy goal. However, no American should face discrimination in the healthcare system simply because of his or her sexual orientation or gender identity. Because these regulations tip the balance away from patients’ access to health services, I urge HHS to rescind the regulations in their entirety.

Sincerely,

(Name)

Did You Send Obama Your Postcard?

http://www.postcardstothepresident.com/

Help Nominate A Strong Health & Human Services Secretary

Most candidates President Obama is reportedly considering as his nominee for Secretary of Health and Human Services are progressive leaders who will keep in mind the LGBT community's health-related needs, including respect for our families and inclusive data collection.

However, at least one of the candidates rumored to be in the running has been less than helpful to our community, so we need your help.

Please sign our petition urging President Obama to make sure an equality-minded progressive is in charge of the Department of Health and Human Services. This information will be shared with the White House.

The petition can be found via Stonewall Democrats.

(Secretary of GLBT Affairs) Urged by National Grassroots Group

Equal Rep is now putting on a follow-up national campaign to strongly urge President-elect Obama to create a new Cabinet position, Secretary of GLBT Affairs.

"We are the only minority group to have outright discriminatory laws against us. We can't marry in 48 states, if we join the military we are required to lie or hide our sexual orientation lest we be discharged, and we are denied all federal recognition that we even exist just to name a few laws. If ever there was a critical need for a new Cabinet position, this is it." said Equal Rep founder, Paul Sousa. "And on top of that, GLBT Americans are the only minority group to have never been appointed to the Presidential Cabinet in the history of the United States. We're asking President Obama to give this community the legal and political attention it requires and the representation it deserves."

There are other Cabinet positions that represent minority groups such as the Secretary of Veterans' Affairs and Equal Rep is asking President Obama to create another position similarly for the GLBT community. It is commonplace for Presidents to create Cabinet positions due to community needs such as the creation of the Secretary of Homeland Security position in 2001.

ACTION FOR JAN 26 - JAN 30: CALL & EMAIL DAILY:
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STEP 1. Call Obama: 202-456-1111
STEP 2. Email Obama: comments@whitehouse.gov
STEP 3. Repeat daily till Friday.

Inside The Transition: LGBT Advocates

The Obama administration has released video of a new high level meeting it has had with LGBT leaders. This is the first ever of such meetings held with any presidents transition team in history.