Murphy Pushes Legislation To Stop Bush "Refusal Clause" Limiting Access To Health Care

Press Release

With the clock ticking down on the implementation of a sweeping Bush Administration rule that will deny vital health services to Americans, today Congressman Chris Murphy (CT-5) joined a group of colleagues to introduce the Protecting Patient and Health Care Act of 2009 to stop it.

In late December, the Bush Administration finalized the "refusal clause", which would cut off federal funding for any state or local government, hospital, health plan, clinic, or other entity that does not accommodate employees who refuse to participate in care that they find ethically, morally, or religiously objectionable. Set to take affect on Sunday, this sweeping change in access to vital health services, including birth control, abortion, HIV and STI testing, end of life care, and fertilization treatments, trumps current practices that accommodate health care providers' religious beliefs while also providing their patients with access to care. It even goes as far as to allow whole hospitals or health plans to refuse services even if individual doctors and providers are willing to perform them.

In Connecticut, the rule could invalidate the Connecticut Compassionate Care for Rape Victims Act of 2007, which protects a rape victim's right to receive all necessary health care options while protecting providers who have moral or religious objections to emergency contraception.

"President Bush is using his last hours in office to undo basic health care rights for patients. As more and more Americans are losing access to health care in this tough economy, we should be opening doors to care, not closing them. His actions are unconscionable," said Murphy.

The Equal Employment Opportunity Commission opposes the "refusal clause" as unnecessary, contrary to current law, and burdensome to small employers. According to the Bush Administration, this rule is expected to cost $44 million nationwide.

"With President-Elect Obama taking office in just a few days, we need to do everything we can to stop this rule from going into effect. He and the new Congress were elected to make changes to our national health care system to broaden access to coverage, and this rule is a big step back in that effort. I look forward to working with his team to use the means necessary to stop this from happening," said Murphy.

Murphy has been fighting to stop this plan since it was first proposed; in September, he signed a letter with 109 Members of Congress to the Secretary of Health and Human Services Mike Leavitt to object to the rule.

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