The U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) has opened an investigation into a state health department to determine whether its licensing practices for behavioral health residential facilities and licensed personnel are in compliance with federal laws regarding conscience rights and equal treatment for faith-based organizations.
According to HHS, the investigation will examine if the state’s licensing policies or enforcement actions discriminate against faith-based organizations by requiring facilitation of procedures such as sex-rejecting surgeries or female genital mutilation (FGM), or by treating religious objections as grounds for denying or terminating professional licenses. The inquiry will also consider whether there is discrimination against individual or institutional healthcare entities that object on religious grounds to providing, paying for, covering, or referring patients for abortion services. In addition, it will review any requirements that individuals in HHS-funded health service programs perform duties contrary to their religious beliefs or moral convictions.
Paula M. Stannard, OCR Director, stated: “Amid a national shortage of behavioral health providers, every qualified professional is essential to meeting the needs of people in crisis. 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.”
The investigation will be conducted under several federal regulations and statutes designed to protect conscience rights and prevent discrimination against faith-based providers in HHS-supported programs. These include the Equal Treatment for Faith-Based Organizations rule (45 C.F.R. part 87), as well as provisions under 45 C.F.R. part 88 such as the Weldon Amendment, Coats-Snowe Amendment (42 U.S.C. § 238n), and Church Amendments (42 U.S.C. § 300a-7).
This is the fifth investigation announced during President Trump’s second term related to compliance with federal laws protecting healthcare professionals’ conscience rights.
OCR enforces federal protections against discrimination based on conscience and religion within specific HHS-funded programs, including grant programs that prohibit discrimination based on religion.
Individuals who believe they have experienced discrimination because of race, color, national origin, disability, age, sex, religion, or exercise of conscience in HHS-operated or funded programs may file a complaint with the HHS Office for Civil Rights.
For more information about these protections and how to file a complaint visit OCR’s Conscience and Religious Freedom page.
Follow HHS OCR updates on X at @HHSOCR.
