Vermont Democratic lawmakers are criticizing the U.S. Department of Health and Human Services for accusing the University of Vermont Medical Center of violating employee civil rights protections with its abortion policy.
Last week, the federal agency accused the hospital of forcing nurses to assist in abortion procedures despite their religious objections.
In a joint statement Wednesday, Democratic leaders in the House and Senate called an enforcement action the federal government announced it was bringing against the hospital an “ideological stunt intended to intimidate medical providers around the country.”
The Department of Health and Human Services’ Office of Civil Rights, told the hospital in a letter last week that it had violated the Church Amendments, which prohibit recipients of federal funds from discriminating against health care providers who refuse to participate in certain procedures based on moral or religious objections.
HHS had been investigating UVMMC since it received a complaint from a nurse in May 2018, and said last week that the hospital “has forced and attempted to force health care personnel (including nurses) into assisting with abortion over their conscience-based objections.” It asked the hospital to change its policies, or risk losing federal funds.
But Vermont legislative leaders said the federal government’s action against the medical center was part of President Donald Trump’s “persistent efforts to limit women’s access to reproductive healthcare.”
“We have reviewed UVMMC’s detailed policies which promote safe, legal and high quality medical care, while also protecting their employees’ right to opt out of procedures they object to on ethical or religious grounds,” the lawmakers, including House Speaker Mitzi Johnson, D-South Hero, and Senate President Pro Tem Tim Ashe, D/P-Chittenden, wrote.
“When the dust settles, this episode will register as just one more lowlight in President Trump’s war on women,” they wrote.
Rep. Ann Pugh, D-South Burlington, chair of the House Human Services Committee, said Thursday that she is confident the hospital followed its policy around abortion procedures, which was developed by medical ethicists, and is similar to others across the country.
“Their policy is one that both respects individual beliefs and protects patients who trust the hospital to take care of them,” Pugh said.
“I have confidence in the policy and I believe that Trump has been using tactic by tactic to roll back reproductive rights across the country and now it’s happening again here in Vermont.”
Gov. Phil Scott on Thursday said that he believes that the hospital and UVMMC will be able to settle their disagreement over the abortion policy in ongoing discussions.
“There’s a difference of opinion on this matter between the federal government and UVM Medical Center so let’s investigate and find out, make sure,” he said.
“And if there are some things that can be done better, then implement them, and if not, then everyone’s in the clear,” he said.
He said he was confident that eventually, the two parties would reach “consensus.”
UVM Medical Center began offering elective abortions in 2017 and changed its policy in February 2018 so that employees can request to be excused from procedures that conflict with their values, ethics or religious beliefs.
But the policy requires objecting employees to provide care “in any scenario where circumstances prevent arrangements for alternative care” to “ensure that patient care is not negatively impacted.” The hospital can discipline employees who refuse, according to the letter, which HHS said violated the Church Amendments.
HHS has instructed UVMMC to work with the federal agency to change its policies, and take action to “remedy the effect of its past discriminatory conduct.”
In response to the allegations made public last week, UVMMC said it had investigated the claims made by the nurse who filed a complaint with the federal government in May and could not substantiate them.
The nurse said she had believed a procedure she was scheduled for was not an elective abortion, and objected when she discovered that it was.
She said she was coerced into participating in the abortion and feared she would be fired or reported to licensing authorities if she refused, according to HHS.
The nurse was represented by an attorney with the conservative American Center for Law & Justice, a firm with ties to the Trump administration.
The center last week said that it is aware of four other UVM Medical Center nurses that “have confirmed that they too have been subjected to similar violations of their conscience rights.”
Annie Mackin, a spokesperson for the hospital said that the hospital “has robust, formal protections that safeguard both our employees’ religious, ethical and cultural beliefs, and our patients’ rights to access safe and legal abortion.”
She also said that the hospital had already been in discussions with HHS for the last nine months about how the medical center could improve its policies and practices.
Correction: This story has been updated to clarify that Gov. Phil Scott hopes UVMMC and HHS can reach an agreement on the policy through discussions. It initially incorrectly stated that he believes there should be an investigation.
