Hospital Mergers and Conscience-Based Objections — Growing Threats to Access and Quality of Care

382(15) NEW ENGLAND JOURNAL OF MEDICINE 1388 (April 9, 2020)

Posted: 21 May 2020

See all articles by Thaddeus Mason Pope

Thaddeus Mason Pope

Mitchell Hamline School of Law; Queensland University of Technology - Australian Health Law Research Center; Alden March Bioethics Institute; Saint Georges University

Ian Wolfe

University of Missouri at Kansas City - Children's Mercy Hospitals and Clinics

Date Written: April 9, 2020

Abstract

Since 2001, the number of Catholic hospitals in the United States has grown by 22%.One in six U.S. hospital beds is now affiliated with a Catholic hospital system. As non-religiously affiliated rural hospitals merge with Catholic corporations (in some cases because the options were merger and closure, although this situation is infrequent), patients often have no choice but to be treated according to the values of the church. In some cases, they may not know that a hospital is Catholic or that its affiliation may affect the care they receive.Growing consolidation adversely affects both patient safety and access to crucial types of health care.

Instead of improving patient protection regulations, however, the federal government is working to bolster hospitals’ ability to refuse to provide legally permitted health services on the basis of institutional belief structures. We believe such efforts are dangerous. Institutional conscience–based objection (in which a hospital’s religious affiliation or mission influences the services it provides) differs materially from the more familiar concept of individual conscience–based objection.

We argue that new U.S. Department of Health & Human Services regulations along with consolidation of hospitals into organizations that assert conscience-based objections to providing certain services, encroach on patients’ rights and access by diminishing choice and transparency.

Keywords: conscience-based objection, conscience clause, conscience regulations, Centura, Catholic healthcare

JEL Classification: I18, K32

Suggested Citation

Pope, Thaddeus Mason and Wolfe, Ian, Hospital Mergers and Conscience-Based Objections — Growing Threats to Access and Quality of Care (April 9, 2020). 382(15) NEW ENGLAND JOURNAL OF MEDICINE 1388 (April 9, 2020), Available at SSRN: https://ssrn.com/abstract=3583929

Thaddeus Mason Pope (Contact Author)

Mitchell Hamline School of Law ( email )

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HOME PAGE: http://www.thaddeuspope.com

Queensland University of Technology - Australian Health Law Research Center ( email )

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Alden March Bioethics Institute ( email )

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HOME PAGE: http://www.thaddeuspope.com

Saint Georges University ( email )

West Indies
Grenada

HOME PAGE: http://www.thaddeuspope.com

Ian Wolfe

University of Missouri at Kansas City - Children's Mercy Hospitals and Clinics ( email )

MI
United States

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