White House strengthens religious liberty protections for social services beneficiaries

Photo: Yiu Yu Hoi/Getty Images

Nine federal agencies are now tasked with advancing the White House's call for religious freedom and equity by finalizing a rule that restores religious liberty protections for beneficiaries of federally funded social services, such as job training and job-search assistance, academic enrichment opportunities, and housing services.

The rule requires federal grantees that administer social service programs within the U.S. to notify beneficiaries of their right to be free from discrimination on the basis of religion, and provide a model notice for providers' use.

It would also make clear that all covered social service programs – both those supported by vouchers and by grants – may not discriminate against beneficiaries on the basis of their religion. Additionally, the rule would encourage governmental agencies that fund domestic programs to help beneficiaries identify alternative federally funded service providers in their area, including providers that are more compatible with their beliefs.

The U.S. Departments of Health and Human Services, Agriculture, Education, Homeland Security, Housing and Urban Development, Justice, Labor, and Veterans Affairs, and the United States Agency for International Development issued the new rule.

WHAT'S THE IMPACT?

In response to comments, the rule also clarifies certain matters. For example, while providers will be permitted to notify beneficiaries of the rule's protections as part of any broader nondiscrimination notice, providers will not be required to combine such notifications.

The final rule also maintains longstanding protections for faith-based providers of federally funded social services, including by making it clear that such providers must be allowed to compete on an equal footing with secular organizations for awards while retaining their religious character.

In addition, the rule retains the requirement that the government must notify organizations of these protections. It also affirms that any requests for religious accommodations will be evaluated on a case-by-case basis, and decided consistent with federal religious freedom and conscience laws.

The nine agencies are jointly issuing the final rule, which is related to the executive order President Biden signed in February 2021 reestablishing the White House Office of Faith-Based and Neighborhood Partnerships, which proclaimed a need to strengthen the ability of faith-based and other community organizations to deliver services effectively while also protecting the religious liberty of program beneficiaries.

"The announcement today affirms the value and role of faith-based and community organizations in HHS programs by clarifying policies and protections," said Rev. Dr. Que English, director of the Center for Faith-based and Neighborhood Partnerships at HHS. "This will support the continued efforts by HHS to engage faith-based and community stakeholders as key partners in addressing HHS and Administration priorities."

THE LARGER TREND

When the rule was first proposed in late 2022, it was in response to a 2019 final rule under the Trump Administration that was held unlawful by three federal district courts.

In 2019, the Office of Civil Rights issued a regulation that provided broad definitions, created new compliance regulations and created a new enforcement mechanism for a number of statutes related to the conscience rights of certain federally funded healthcare entities and providers. 

The 2019 HHS rule allowed an expansion of religious liberty that curtailed reproductive rights, according to the American Bar Association. It allowed virtually anyone who asserted an objection based on religious or moral beliefs in a healthcare employment setting to claim they had faced discrimination for refusing to assist with services including abortion, the ABA said. It also vastly expanded the individuals and entities who could claim a religious or moral exemption and the types of actions considered discrimination.

Several federal district courts blocked the rule in response to challenges filed across the country. The Biden Administration has declined to enforce it, the ABA said.

ON THE RECORD

"Today's announcement establishes uniform policies to safeguard Americans from religious discrimination in social services," said HHS Secretary Xavier Becerra. "These regulations aim to guarantee broad access to essential social services for eligible individuals, reinforcing awareness of religious liberty protections."
 

Jeff Lagasse is editor of Healthcare Finance News.
Email: jlagasse@himss.org
Healthcare Finance News is a HIMSS Media publication.