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We have been privileged as American healthcare professionals to practice medicine according to our sincerely held beliefs, at least until the relatively recent past. However, as many of our members know from personal experience, those conscience freedoms are coming under increasing attacks from several quarters. In this post, we want to remind the reader of the conscience protections that exist at the federal level and explore why those protections are currently endangered.

On August 4, 2022, the U.S. Department of Health and Human Services (HHS) published its notice of proposed rulemaking (NPRM) to the Federal Registry to modify Section 1557, the “Nondiscrimination in Health Programs and Activities Clause” of the Affordable Care Act.

As a former federal government employee, I have observed firsthand how policies affecting our everyday lives are often crafted and administered by unelected federal bureaucrats. Coupled with presidential executive orders, this gives the executive branch a remarkable amount of power. Within the executive branch exists the regulatory framework, which is overseen by a little-known office under the purview of the White House called the Office of Information and Regulatory Affairs. Proposed actions from this office are published in the “Unified Agenda” twice a year in the spring and fall, giving the public a glimpse into what future regulatory action is on the horizon. Most of us are unaware (some may say blissfully so) of the volume of regulatory and deregulatory actions under development and review in more than 60 federal departments, agencies and commissions across the government. To give some perspective, the U.S. Department of Health and Human Services (HHS) currently has more pending actions than any other cabinet level department, which underscores the sheer size and reach of this titan agency with a budget that surpasses the gross national product of several countries!

The cultural phenomenon known as “wokeness” is grounded in human pride, and it is expressed through moral absolutism, moral grandstanding and the will to control.

No matter where you stand, it should be evident that a large swath of humanity confidently clings to tenets that are demonstrably untrue. Moreover, these beliefs are not borne exclusively of facts, experience and logic but a deadly array of confounding factors. The vast complexity of most subjects, misinformation, disinformation and information overload preclude anyone from total mastery of an issue. The solution is biblical, and it’s called intellectual humility.

When I was a child—maybe six, maybe seven—I went through a phase of suspecting the entire world existed as a massive play with one star—me. That is, I was the main actor and the rest of humanity played supporting roles. That is, the universe revolved around me. That is, I was all ego.